Punjab

Sangrur

CC/585/2017

Rajia - Complainant(s)

Versus

Reliance General Insurance Company Ltd. - Opp.Party(s)

Sh.Lovepreet Singh Walia

15 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                             

                                                Complaint No.    585

                                                Instituted on:      02.11.2017

                                                Decided on:       15.03.2018

 

Rajia aged about 39 years wife of Ibrahim, resident of Naushera Sadrabad, Malerkotla, Tehsil Malerkotla, District Sangrur.

                                                        …Complainant

 

                                Versus

 

1.             Reliance General Insurance Company Limited, SCO No.147-148, 2^nd Floor, Sector 9-C, Madhya Marg, Chandigarh (UT) Chandigarh-160009 through its Manager (Legal).

2.             Department of Health and Family Welfare through Health Systems Corporation, SIHFW Complex, Phase-6, Mohali through its Managing Director.

3.             State of Punjab, through Deputy Commissioner, Sangrur.

                                                        ..Opposite parties.

 

 

For the complainant    :       Shri Lovepreet Walia, Adv.

For Opp.Party No.1    :       Shri Amit Goyal, Adv.

For OP No.2&3         :       Ms.Amandeep Kaur, Adv..

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

               

Order by : Sukhpal Singh Gill, President.

 

1.             Smt. Rajia, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that husband of the complainant, namely, Shri Ibrahim was the member of Bhagat Puran Singh Sehat Bima Yojna, which is being run by the Ops number 2 and 3 and issued card number 9305-3008-8538-0027-0 and under the said scheme he was insured with the OP number 1 and the insured Ibrahim and his family members were entitled to get the medical reimbursement for an amount of Rs.50,000/- and were further entitled to Rs.5,00,000/- in case of accidental death of the card holder and the complainant was the nominee under the policy.  The case of the complainant is that the husband of the complainant along with his daughter and grand child were coming from Jarg Chowk to his house on his motorcycle bearing registration number PB-10-CC-0953 and when he reached near Jain Samadhan, Malerkotla, then a tanker bearing number MH-43-U-4015 struck with the motorcycle of the deceased and as such, the husband of the complainant died in the accident, of which FIR number 147 dated 26.10.2016 was recorded in PS City-I Malerkotla on the statement of Taj Mohd. Further case of the complainant is that thereafter she lodged the claim with the Ops on their customer care number 104 on account of accidental death of her husband, but the claim was not paid despite submission of all the documents required by the Ops. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to pay to the complainant the amount of Rs.5,00,000/- along with interest @ 18% per annum and further claimed compensation and litigation expenses.

 

2.             In reply filed by OP number 1, legal objections are taken up on  at the time of death of the deceased Ibrahim, he was not having a valid driving license meaning thereby he was not entitled to drive the vehicle and as such no liability can be fastened over the insurance company for gross negligence of the deceased.  Further it is stated that the law is crystal clear that nobody can drive motorcycle in public place without obtaining the valid driving license, but in this case, the vehicle was  used by the deceased without driving license and this complaint is liable to be dismissed.  On merits, it is admitted that the deceased Ibrahim was insured being the member of Bhagat Puran Singh Sehat Sewa Scheme under the card in question. However, it is stated that no claim is payable as the deceased Ibrahim was not having a valid driving license at the time of accident.  The other allegations levelled in the complaint have been denied in toto and further it is averred that the claim has rightly been repudiated.

 

3.             In reply filed by OP number 2 and 3, legal objections are taken up on the grounds that the complaint is premature, that the complaint is not maintainable and that the complainant has no cause of action to file the present complaint. On merits, it is admitted that the deceased Ibrahim was the member of the Bhagat Puran Singh Sehat Bima Yojna, but the remaining allegations of the complainant have been denied in toto.

 

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-7 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP number 1 has produced Ex.OP1/1 to Ex.OP1/6 copies of documents and closed evidence. The learned counsel for OP number 2 and 3 has produced Ex.OP2&3/1 to Ex.OP2&3/6 copies of documents and affidavits and closed evidence.

 

 

5.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

 

6.             At the outset, it is an admitted fact of the complainant as well as the OPs that the husband of the complainant, Shri Ibrahim was insured under the policy in question and he died in a road side accident on 26.10.2016 when he was going on his motorcycle from Jarg chowk to his house and on the way he suffered accident with the tanker bearing registration number MH-43-U-4015.  In the present case, the grievance of the complainant is that though the claim was lodged with the Ops on their toll free number 104 and further submitted all the required documents to the OPs, but despite that the claim was not paid/settled.  On the other hand, the stand of the Ops is that the insured/driver i.e. Shri Ibrahim was not having a valid driving license at the time of accident, when he was going on his motorcycle and suffered with the accident, as such it is contended that no claim is payable, more so when, a person having not a valid driving license cannot drive the vehicle on road as is mentioned in the Motor Vehicles Act.  We have very carefully perused the whole case file and found that the complainant has miserably failed to produce on record the copy of driving license of Ibrahim nor it is the case of the complainant that Ibrahim was having a valid driving license at the time of accident. Even in the affidavit Ex.OP1/4 Shri Mohammad Jamil, brother in law of the deceased has stated that Shri Ibrahim was not having a valid driving license.  As such, we are of the considered opinion, that the deceased Ibrahim was not having a valid driving license at the time of accident, as such, we find nothing wrong in the repudiation of the claim of the complainant. The same view has also been taken by the Hon’ble National Commission in Sharda Bai versus Manager, Liberty Videocon General Insurance Company Limited and 2 others Revision Petition No.2096 of 2016, decided on 3.3.2017.

 

 

7.             In view of our above discussion, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        March 15, 2018.

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

                                                             

                                       

                                                                (Sarita Garg)

                                                                    Member

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                   Member