Haryana

StateCommission

A/457/2016

KAMLESH ALIAS ANURIT KAUR - Complainant(s)

Versus

ORIENTAL INSURANCE CO.LTD. - Opp.Party(s)

V.K.GUPTA

08 Jun 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      457 of 2016

Date of Institution:      23.05.2016

Date of Decision :       08.06.2016

 

Smt. Kamlesh @ Anurit Kaur wife of late Shri Lakhwinder Singh s/o Sh. Baldev Singh, previously resident of House No.87/A, Krishna Nagar, Yamuna Nagar and at present resident of Village Ratauli, Tehsil Jagadhri, District Yamuna Nagar.

                             Appellant/Complainant

Versus

 

The Oriental Insurance Company Limited Branch Officer, Opposite Hindu Girls College, Jagadhri, District Yamuna Nagar through its Branch Manager (insurer of the motorcycle bearing No.HR-02T-0403).

                                      Respondent/Opposite Party

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                                                                                                                                          

Present:               Shri Vimal Kumar Gupta, Advocate for appellant.   

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This complainant’s appeal is directed against the order dated July 16^th, 2015 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short ‘the District Forum’).

2.      Lakhwinder Singh (since deceased)-husband of Kamlesh @ Anurit Kaur-complainant/appellant, owned motor cycle bearing registration No.HR-02T-0403, which was insured with The Oriental Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party/respondent, for the period May 21^st, 2008 to May 20^th, 2009.  Lakhwinder Singh while driving the above said motor cycle met with an accident on May 6^th, 2009 and suffered fatal injuries and died on the spot. The appellant being legal heir lodged claim with the Insurance Company claiming compensation of Rs.10.00 lacs.

3.      The Insurance Company/respondent contested complaint by filing reply raising plea that during post mortem examination of deceased Lakhvinder Singh, alcohol was found in his stomach and therefore as per the terms and conditions of the Insurance Policy, nothing was payable to the appellant.

4.      Vide impugned order the District Forum allowed complaint directing the Insurance Company to pay Rs.1.00 lac to the complainant along with interest @ 9% per annum from the date of filing of complaint till its realization; Rs.3,000/- for mental agony, harassment etcetera and Rs.2,000/- as litigation expenses.

5.      Dissatisfied with the compensation, the appellant/complainant has filed the instant appeal.

6.      Undisputedly the deceased-Lakhvinder Singh got insured his motor cycle with the Insurance Company for Rs.30,400/- covering the personal accident risk for owner-cum-driver under GR 36A. The Insurance Cover was up to Rs.1.00 lac which has been allowed by the District Forum.  The contention raised on behalf of the appellant is that since the appellant claimed Rs.10.00 lacs, therefore the order needs to be modified.

7.      The risk covered was only Rs.1.00 lac, which the District Forum has already allowed. So, there cannot be no enhancement beyond the insurance cover under the policy. No ground to interfere is made out.

8.      Hence, the appeal is dismissed being devoid of merits.

 

 

Announced: 08.06.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

CL