Haryana

Yamunanagar

CC//887/2010

Jai Kumar through Lakhvinder Kaur minor d/o of Sh.Jai Kumar - Complainant(s)

Versus

NIC Ltd. - Opp.Party(s)

V.K.Saini

14 Mar 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                           Complaint No. 887  of 2010.

                                                                                                           Date of institution: 24.09.2010

                                                                                                           Date of decision:  14.03.2016

Lakhvinder Kaur aged about 13 years, minor daughter of late Shri Jai Kumar son of Kulwant Singh.

2.         Deepanshu aged about 3 years minor son of late Shri Jai Kumar s/o Kulwant Singh, minors through their natural guardian next friend their grand mother Gurdevi wife of Kulwant Singh son of Shri Rikhi Ram, resident of Village Masana Jattan, Tehsil Jagadhri, District Yamuna Nagar.

3.         Gurdevi wife of Kulwant Singh son of Shri Rikhi Ram, resident of Village Masana Jattan, Tehsil Jagadhri, District Yamuna Nagar.

                                                                                                                       …Complainants.

                                                Versus

National Insurance Company Ltd. having its Branch Office New Fountain Chowk, Yamuna Nagar.

                                                                                                                       …Respondent.                        

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present: Sh. A.S.Chahal, Advocate, counsel for complainants.   

              Sh. Parmod Gupta, Advocate, counsel for respondent.

 

ORDER

                       

1.                     Complainant Jai Kumar (now deceased) had filed the present complaint under section 12 of the Consumer Protection Act 1986. However, during the pendency of complaint complainant Jai Kumar expired and his LRs namely Ms. Lakkvinder Kaur minor daughter, Deepanshu minor son and Smt. Gurdevi wife of Kulwant Singh were impleaded as LRs vide order dated 6.12.2012.

2.                     Brief facts of the complaint, as alleged by the complainant, are that complainant was registered owner of motorcycle bearing registration No. HR-02V-3762 Hero Honda Splendor which was insured in the name of complainant with the OP insurance company vide comprehensive insurance policy bearing No.35070131096200781304 valid from 03.09.2009 to 02.09.2010 and an amount of Rs. 50/- was also paid on account of compulsory PA cover ( owner cum driver) covering the risk of Rs. 1,00,000/- in case of death of owner cum driver. On 1.3.2010 at about 4.35 P.M., the complainant was driving the said motorcycle and was going from village Ballewala towards his village Masan Jattan and when he reached near Civil Hospital, Jagadhri while driving the said motorcycle, the insured slipped from the stone and fell down on the road and due to that accident, left leg of the complainant was broken, besides this, suffered multiple injuries. Due to that injuries received in the accident, the complainant remained admitted in the Sharma Hospital near Aggarsen Chowk, Jagadhri from 01.03.2010 to 28.03.2010 and thereafter complainant also remained under treatment as OPD patient for several months. The complainant also remained under treatment of Dr. Kamal Sharma and Dr. Anjana Sharma, for fracture of left leg etc. and spent near about a sum of Rs. 75000/- on his treatment. The complainant requested the OP Insurance Company to pay the compensation on account of injuries sustained in accident and completed all the formalities but despite completing all the formalities, the OP Insurance Company was putting off the matter on one pretext or the other.  Lastly prayed for directing the OP Insurance Company to pay all the benefits of the insurance policy including medial expenses alongwith compensation of Rs. 50,000/- as well as Rs. 5500/- as litigation expenses.  Hence, this complaint.

3.                     Upon notice, OP Insurance company appeared and filed its written statement by taking some preliminary objections such as complaint is bad for non joinder and mis joinder of necessary parties, no territorial jurisdiction, complicated question of law and facts is involved and on merit it has been mentioned that Op Insurance Company has no knowledge whether the complainant was registered owner of the motorcycle in question as the complainant never lodged any complaint with the OP Insurance Company nor produced the alleged certificate of policy and registration certificate of the Motorcycle in question for verification and without lodging the claim and completing the formalities, the case cannot be investigated and no payment can be made, if any. All the other contents of the complaint were also denied for want of knowledge. However, it is made clear that in the policies of motor vehicle, the premium of personal accident ischarged from the insured and in that case only the death risk of the owner while driving is covered but no premium is charged for any injury in the motor vehicle policies. In the premium of personal accident (PA) of the owner/insured while driving dies is covered but there is also subject to supply of copy of policy and by completing all the other formalities. But, in the present case, neither any claim has been lodged by the complainant nor completed other formalities and further more there is no insurance policy in the Motor Vehicle Act to compensate the owner/insured for the injuries suffered in the accident. Meaning thereby, the medical reimbursement or compensation on account of injuries, as claimed in the present complaint, are not covered as per terms and conditions of the insurance policy. Lastly prayed for dismissal of complaint.

4.                     To prove the case, counsel for the complainant tendered into evidence photo copy of DDR as Annexure C-1, Photo copy of insurance policy as Annexure C-2, Photo copy of ration card as Annexure C-3, Photo copy of certificate issued by Sarpanch as Annexure C-4, Photo copy of driving license as Annexure C-5, Photo copy of OPF slip of Sharma Hospital as Annexure C-6, Photo copies of medical bills as Annexure C-7 to C-38 and Photo copy of RC of motorcycle bearing registration No. HR-02V-3762 as Annexure C-39 and closed the evidence on behalf of complainant.

5.                       On the other hand, counsel for the OP Insurance Company tendered into evidence affidavit of Sh. V.K.Sethi Assistnat Manager as RW/A and documents such as photo copy of insurance policy as Annexure R-1 and Photo copy of Confirmation of 64 VB compliance as Annexure R-2 and closed the evidence on behalf of OP Insurance Company.   

6.                            We have heard learned counsel for both the parties and have gone through the pleadings as well as documents placed on the file carefully and minutely.

7.                     We have gone through the entire complaint of the complainant minutely and carefully but the counsel for the complainant failed to convince this Forum that on what date and time the complainant lodged his claim and submitted the necessary documents to the Op Insurance Company. Even no documentary evidence has been filed by the complainant by which the OP Insurance Company was informed by the complainant. Further learned counsel for the complainant failed to convince this Forum that in what manner the complainant is entitled to get the claim on account of the injuries as well as well as reimbursement of the medical expenses through the Insurance Policy in question Annexure R-1 as in the policy in question, an amount of Rs. 50/- has been paid only covering the risk of Rs. 1,00,000/- on account of only death of the insured cum registered owner while driving the vehicle in question. As the complainant has failed to file any disability certificate and the present complaint has been filed just to claim the reimbursement of medical expenses incurred on account of treatment as well as hospital charges on account of simple injuries which is not covered under the policy in question. Hence, without any documentary evidence that the complainant suffered any disability in the accident, we have no option except to dismiss the present complaint.

8.                     Resultantly, we find no merit in the present complaint and the same is hereby dismissed being devoid of any merit. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 14.03.2016.

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.