By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainants:-
The first complainant is the father, the second complainant is the wife and complainants No.3 to 5 are the children of deceased Faisal. Opposite party had issued a Motor Insurance Long Term Package Policy No. 991791823720001348 in favour of Mr. FaIsal in respect of the vehicle No. KL-55Z-1694. The engine and chasis number of the vehicle are No.AF21-1804842-MB 8DP11AJJ8031309 and the duration of the policy is for five years and it commenced from 29/09/2018 and valid upto 28/09/2023. The opposite party collected a total premium of Rs. 8,825/- which includes Rs. 250/- towards personal accident cover to the owner. According to the terms and conditions of the policy , the opposite party undertook to cover the liability in case of death of the owner- driver to the extent of Rs. 15,00,000/-.
2. Mr. Faisal met with an accident on 11/09/2019 at Chandanakkavu while he was riding the vehicle from Pattarnadakkavu to Puthanathani and succumbed to the injuries on the same day.The first complainant , who is the father of the deceased Faisal submitted a claim for the personal accident cover of Rs 15,00,000/- before the opposite party and the claim has been numbered on 04/12/2020 and opposite party sent an email to the first complainant assured that the claim would be processed within 10 to 15 days.
3. But opposite party neither process the claim nor they explained why there is such a delay in sanctioning the claim. On 29/11/2021 the first complainant sent a notice to the opposite party through his advocate indicating all the grievances and sought to explain the reason for the delay. But opposite party did not respond to that notice also. The irresponsible behaviour of the opposite party put the complainants into irreparable loss and hardships. Due to the death of sole breadwinner of the family, the complainants are in total mischief and mental agony and the deficiency of service from the side of opposite party created the situation more miserable. Hence this complaint.
4. The prayer of the complainants are that, they are entitled to get Rs.15,00,000/-as personal accident cover(death benefit) to the complainants as they are the dependents of deceased Faisal, they also entitled to get Rs. 1,00,000/- as the compensation for the deficiency of service from the side of opposite party and thereby caused mental agony and hardships to the complainants and Rs. 25,000/- as cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite party and notice served on them and the case was posted to 25/04/2022 but there was no sitting on that day. Then case was posted to 3/06/2022. On that day fresh notice sent to opposite party and they received the notice on 14/06/2022. But they did not appear before the Commission on the next posting date on 13/07/2022. Hence they set exparte on that day.
6. In order to substantiate the case of the complainants, the first complainant filed an affidavit in lieu of Chief examination and he is representing other complainants also. The first complainant is the grandfather of minor complainants No.3 to 5 and he is the guardian and next friend of minor complainants No. 3 to 5. The documents they produced were marked as Ext. A1 to A10. Ext.A1 is the copy of the FIR in crime No.291/2019 of Kalpakancheri Police station dated 11/09/2019, Ext.A2 is the copy of the final report in crime No.291/2019 of Kalpakancheri, Police Station dated 05/12/2019. Ext.A3 is the copy of the Post mortem report in Crime No.291/2019 of Kalpakancheri, Police Station dated 11/09/2019, Ext. A4 is the copy of the Insurance policy issued in the name of deceased Faisal dated 29/09/2018, Ext. A5 copy of the Registration Certificate of the vehicle KL-55-Z-1694, Ext. A6 is the copy of driving licence of the deceased Faisal dated 03/01/2011, Ext. A7(2 Pages) are the email communication with the office of the opposite party dated 04/12/2020, Ext. A8 is the copy of the lawyer notice issued to the opposite party with acknowledgement dated 29/11/2021, Ext. A9 is the copy of the Death certificate of deceased Faisal dated 25/09/2019, Ext. A10 is the copy of the Legal Heir ship certificate dated 21/01/2020.
7. The allegations against opposite party is proved by the unchallenged evidence of complainants. There is no contra evidence in this matter. Moreover complainants produced ten documents which are very supportive to prove their case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
8. We allow this complaint as follows:-
- The opposite party is directed to pay Rs.15,00,000/-(Rupees Fifteen lakh only) the claim amount for the personal accident cover (Death benefit) to the complainants as they are the dependents of deceased Faisal.
- The opposite party is also directed to pay compensation of Rs.1,00,000/-(Rupees One lakh only) to the complainants on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainants within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 29th day of September , 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A10
Ext.A1 : Copy of the FIR in crime No.291/2019 of Kalpakancheri Police station dated
11/09/2019.
Ext.A2 : Copy of the final report in crime NO.291/2019 of Kalpakancheri , Police
Station dated 05/12/2019.
Ext.A3 : Copy of the Post mortem report in Crime No.291/2019 of Kalpakancheri ,
Police Station dated 11/09/2019.
Ext.A4 : Copy of the Insurance policy issued in the name of deceased Faisal dated
29/9/2018.
Ext.A5 copy of the registration Certificate of the vehicle KL-55-Z-1694.
Ext.A6 :Copy of driving licence of the deceased Faisal dated 3/01/2011.
Ext.A7: The email communication with the office of the opposite party dated
4/12/2020 (2 Pages) .
Ext.A8: Copy of the lawyer notice issued to the opposite party with
acknowledgement dated 29/11/2021.
Ext. A9 : Copy of the Death certificate of deceased Faisal dated 25/09/2019.
Ext.A10 : Copy of the Legal Heir ship certificate dated 21/01/2020.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
