Haryana

Ambala

CC/338/2012

IQBAL SINGH - Complainant(s)

Versus

OIC CO. - Opp.Party(s)

SUDHIR SEHGAL

11 Apr 2017

ORDER

 

   

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        : 338 of 2012

                                                          Date of Institution         : 29.11.2012                                                                                      Date of decision   : 11.04.2017

 

          Iqbal Singh son of late Sh. Surjeet singh resident of Village Dadiana PO            Kakru Tehsil & District, Ambala.

 

……. Complainant.

 

1.       The Oriental Insurance Company ltd; Ground floor, LIC building, NMSC,       

          Ambala City through its Manager.

2.       The Manager Oriental Insurance company ltd. oriental house, PB NO. 7073,     A-25/27, Asaf Ali Toad, New Delhi.

 

 

….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                             

 

Present:       Sh. Sudhir Sehgal, counsel for complainant.

                   Sh. Mohinder Bindal, counsel for Ops No. 1&2.

                  

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the father of the complainant got his car No.HR-01-W-7400 insured with OPs vide policy number 261101/31/3822 for Rs.2 lakhs on 04.12.2011 to 03.12.2012 and the father of the complainant had expired in a road side accident on 18.12.2011 and the complainant is nominee of the deceased being legal heir of the deceased. Further submitted that after the death of Surjeet Singh the complainant submitted his claim and Sh. Vijay Kant Vashisht was appointed as investigator to make a report after visit in the village and for investigating into circumstances of the death of the father of the complainant and accordingly the investigator visited the spot and investigated all the circumstances and demanded certain documents which were duly supplied to the investigator by the complainant and after receiving all the documents you OP No. 1 assured the complainant that the claim will be settled shortly but till date no claim has been passed due to the death of father of the complainant. Further submitted that the complainant approached the OPs several times for the settlement of the claim but of no use though the OPs were assuring the complainant to settle the claim shortly but on 28.08.2012, the OPs refused the claim of the complainant on false and frivolous grounds. Hence, the present complaint.

2.                Upon notice, OPs appeared and filed written statement submitting that  the present complaint is ex-facie misconceived, vexatious, untenable and devoid of any merits. As a matter of fact, the claim of the complainant was duly entertained in due course but since the driver of the alleged insured vehicle who was owner of the same as well as found and proved to be under the influence of liquor at the time of accident in question and thus was driving the insured vehicle in question at the time of incident in contravention of the Motor Vehicle Act and terms and conditions of the insurance policy as well hence the claim was held non payable and was repudiated as per law. The complainant was informed accordingly vide letter dated 28.08.2012 about the fate of his claim and even was given sufficient opportunity as well to comment and to substantiate his claim in view of the ground of repudiation. The complainant in order to put undue pressure has filed this false complaint now by exploiting the process of law.

3                 To prove his version complainant has tendered affidavit as Annexure C-X alongwith documents as Annexure C-1 to annexure C-7 and closed his evidence. Counsel for OPs has also tendered affidavit as Annexure R-X alongwith documents Annexure R-1 and Annexure R-2 and closed his evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. We have heard learned counsel for the parties and carefully gone through the case file. The forth moot question is involved in this case, whether the deceased was under the influence of liquor and what was effect in this case? It reveals from the file Annexure R-2 i.e. report of Assistant Chemical Examiner for the Haryana, Karnal clearly shows that the deceased Surjit Singh who was driver of the Insured vehicle at the time of accident was under the influence of liquor with the quantity of 34.5 which is exceeds the parameter of prescribed limit. Moreover, as per terms and conditions of insurance policy placed on file in the section III- personal accident cover for owner -driver, which is as under: -

                   “No compensation shall be payable in respect of death or bodily injury directly or indirectly wholly or in part arising or resulting from or traceable to (i) intentional self injury, suicide or attempted suicide, physical defect or infirmity or (ii) an accident happening whilst such person is under the influence of intoxicating liquor or drug”.

                   To strengthened his case, counsel for OP has placed reliance on case law settled by Hon’ble National Consumer Disputes Redressal Commission, New Delhi 2016(4)CLT 509 in which as per Consumer Protection Act, 1986, Section 2(1)(g)- Insurance Claim- Terms and conditions of insurance – held-that when the insured or any other person driving the vehicle is under the influence of intoxicating liquor or drug, the company is not liable to make payment for any accidental loss or damage.

5                 In view of above said discussion, it is very much clear that the driver Surjit Singh (father of the complainant) was under the influence of liquor with excess limit while driving the insured vehicle at the time of accident. Thus, the driver was driving the car in-contravention of Motor Vehicle Act and insurance policy. In this way, OP has rightly repudiated the claim of the complainant. We are of considered view that there is no deficiency proved on the part of OP’s. Hence, there is no substance in the present complaint and same is hereby dismissed with no order as to costs. Copies of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :11.04.2017                                                            Sd/-

                                                                                            (D.N. ARORA)

                                                                                                 President

 

                                  Sd/-

                     (ANAMIKA GUPTA)

                                                                                                          Member