Karnataka

Chitradurga

CC/51/2020

Smt.Gowramma W/o Late Dasappa, - Complainant(s)

Versus

TATA AIG General Insurance co ltd. - Opp.Party(s)

Sri.Parthalinga.R.N.

23 Nov 2021

ORDER

COMPLAINT FILED ON:09/09/2020

DISPOSED ON:23/11/2021

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:51/2020

DATED: ^23rd November 2021

PRESENT: -Smt. H.N. MEENA. B.A., LL.B.,    PRESIDENT

                  Sri. G. SREEPATHI, B.Com., LL.B.,         MEMBER              

                Smt.       B.H. YASHODA.  B.A., LL.B.,        MEMBER

                    

……COMPLAINANT/S	1. Smt. Gowramma W/o Late Dasappa, Aged about 75 Years, 2. Kum., Gagana H D/o Late Hanumantha D. Aged about 14 Years, Minor, Represented by her Natural Guardian Grand mother, Smt. Gowramma, W/o Late Dasappa, i.e. Complainant No.1 R/o Honnekere Village, Haralihalli, Hosadurga Taluk, Chitradurga District. (Rep., by Sri. Parthalinga R.N. Advocate)
V/s
....OPPOSITE PARTIES	TATA AIG General Insurance Company Limited, by its Branch Manager, TATA AIG General Insurance Company Limited, 2nd floor, JP and Devi Jambukeshwara Arcade, No.69, Millars Road, Bengaluru. (Rep., by Sri. B.M. Ravi Chandra,   Advocate)

ORDER

Written by  Hon’ble President : KUM. MEENA H.N.

This complaint is filed by the complainant  under section 35 of the Consumer Protection Act, 2019 against Op for deficiency of service by Smt. Gowramma w/o Late Dasappa and also by one Kum. Gagana H.  D/o late Hanumantha D and she is aged about 14 years represented by her natural guardian grandmother Smt. Gowramma w/o late Dasappa who is the Complainant No.1 for the P.A claim of one Hanumantha D S/o Dasappa who has been died in motor vehicle accident and both the complainant has filed the Complainant against the Opposite party (for short ‘OP’ ) praying to direct the OP to pay assured amount out of  PA claim of Rs. 15,00,000/- as per the policy and Rs. 50,000/ for compensation and cost of the proceeding - etc.

The complaint:-

2.   The complainant No.1 is the mother of deceased Hanumantha D. S/o Dasappa and complainant No.2 is the minor daughter of deceased Hanumantha D S/o Dasappa and wife of deceased Hanumantha D. has been died prior to the death of the deceased Hanumantha D.

3.      The complainants has stated that deceased Hanumantha D S/o late Dasappa is the owner of the TATA 407 bearing Reg., No., KA-40-0979 and deceased Hanumantha D. has purchased the said vehicle for the purpose of livelihood and entire income of the said vehicle has been used for the purpose of family necessity. That the deceased Hanumantha D has insured his vehicle bearing Reg., No., KA-40-0979 with Op through vide policy no. 01602313260000 for the period 30/08/2019 to 29/08/2020 and also in the said policy the Op has covered PA claim for an amount of Rs. 15,00,000/-.

4.      That  on 30/09/2019 at about 8 p.m. the deceased Hanumantha D. was driving the vehicle bearing Reg., No., KA-40-0979 and when the vehicle came near Vedavathi river, Kellod Village Hosadurga Tq., the said vehicle met with accident and in the said accident deceased Hanumantha D. has sustained injuries and he was succumbed to death.

5.      After the death of deceased Hanumantha D the complainant has intimated the death of deceased to the Op on 30/09/2019 and even inspite of that the Op has not settled the claim of the complainant for that complainant No.1 has sent the legal notice through Advocate dated 03/03/2020 and said notice has been served to the Op on 06/03/2020 and after the notice has been served to Op they have not settled the claim and also the Op has collected policy copy, Dl of deceased Hanumantha D and also entire police papers but the Op has not settled the claim of the complainant for the benefit under personal accident which has been covered under vide policy no. 01602313260000.

6.      That the husband of complainant no.1 who has sent legal notice dated 03/03/2020 is one Dasappa s/o Dhanappa who is the father of deceased Hanumantha D. and the said Dasappa s/o Dhanappa has been died on 14/06/2020 hence the mother of deceased has filed the complaint on behalf of her and also behalf of minor child.

7.      After hearing on admission the complaint was admitted and  notice was ordered to be issued to the OP  to file their written version under Consumer Protection Act,2019 (  in short “the Act) . The OP has appeared through their counsel and filed written version.

Defense:

8.      The OP contended in their written version that  the complainant son has obtained the policy No. 0160231326 and deceased has insured his vehicle with Op and also Op contended that they didn’t know deceased Hanumantha D was died on 30/09/2019 due to accidental injuries while driving the insured vehicle and also Op has denied that the complainants has intimated the Op authority for settling of the claim and also Op has denied  cause of action and also complainants has not submitted claim form, documents (police documents etc.,) to Op for settling the claim and they have failed the provide the necessary documents with stipulated period, and there is no deficiency in service on the part of Op and  Op prays for dismissal of the complaint with exemplary cost.

Evidence :

9.      The complainant No.1 got herself examined as AW-1 by filing her affidavit as a part of examination in chief and also got Ex.A-1 to A-10 marked and closed the evidence.

10.    On behalf of Op Sri. Anurag Sushant S/o Anil Kumar Singh,  Legal claims Officer got himself examined as Dw-1 by filling his  affidavit as a part of examination in chief and on behalf of Op as a part of examination in chief and no documents filed have been marked and closed the evidence.

Arguments:

11.    We have heard the complainant as well as counsel of OP and perused the written arguments filed by both side advocates.  

12.    The points that arise for our determination are;

1. Whether the complainants proves that deficiency of service on the part of opponents?

2. Whether the complainants proves that both are entitled for the relief sought?

3. What order?

13.    Our finding on the above points are as under;

          Point No.1: In the Affirmative

          Point No2: In the Affirmative

          Point No3: As per final order,

Discussion and Reasoning:

14.    There is no dispute between the parties regarding, the policy to vehicle bearing Reg., No., KA-40-0979 since as per Ex A.1 policy issued by the Op has been stands in the name of deceased Hanumantha D and at ‘B’ liability of policy issued by Op the Op has collected Rs. 450/- towards compulsory P.A cover for owner- driver for Rs. 15,00,000/-.

15.    That there is no dispute regarding  accident  since As per Ex A.2 FIR which has been registered by Sriramapura P.S under station crime No. 0168/2019 dated 30/09/2019 against deceased Hanumantha D. S/o Dasappa for causing the accident on 30/09/2019 while driving lorry bearing Reg., No. KA-40-0979.

16.    That there is no dispute regarding accident since as per Ex A.4 charge sheet (abated charge sheet) against deceased Hanumantha D s/o Dasappa.

17.    That there is no dispute regarding  death of deceased Hanumantha D S/o Dasappa Since   as per Ex A.5 and A-6 inquest report and P.M. report deceased Hanumantha D s/o Dasappa was died due to accident injuries occurred  on 30/09/2019 in lorry bearing Reg., No. KA-40-0979.

18.    That as per Ex A-7, A-8 and A -9 legal notice has been sent to Op on 03/03/2020 and the same was served to Op on 06/03/2020. But the Op has never turned  to reply the said notice, if Op has got any objection they could have been replied to the complainants or to the counsel who has issued legal notice its very clearly shows that the  Op has made deficiency in service to the complainants without settling the claim of the complainants as per policy benefits.

19.       Under the above circumstances, the contention taken by the Op is not maintainable and Op has made deficiency of service on their part even though they have collected premium towards P.A. claim for owner/drive for an amount of Rs. 15,00,000/-. Accordingly, we pass the following order.

       // ORDER //

The complaint filed by the complainant U/s 35 of C.P Act 2019 is partly allowed.

It is ordered that, the OP are hereby directed to pay a sum of Rs. 15,00,000/- to the complainants along with interest at the rate of 6% p.a from the date of filing of this complaint till realization.

Out of which, the complainant No.1 is entitled for a sum of Rs.7,50,000/- along with interest at the rate of 6% p.a from the date of filing of this complaint till realization.

It is further ordered that, the complainant No.2 are entitled for a sum of Rs.7,50,000/- each along with interest at the rate of 6% p.a from the date of filing of this complaint till realization, the same is ordered to deposit in any Nationalized Bank till attaining their majority. 

It is ordered that, the complainant No.1 is entitled for a sum of Rs.5,000/- towards mental agony and  Rs.5,000/- towards cost of the proceedings to the complainant.

It is further ordered that, the OP are hereby directed to comply the above order within 30 days from the date of this order.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(This order is made with the consent of Member after the correction of the draft on 23/11/2021 and it is pronounced in the open Court after our signatures)        

 

 

                                     

Lady Member                     Member                     President

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Smt. Gowramma, complainant No.1 by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: Sri. Anurag Sushant S/o Anil Kumar Singh, by way of affidavit evidence.

 

Documents marked on behalf of Complainants:

 

01	Ex-A-1:-	Original Policy
02	Ex-A-2:-	True copy of the FIR
03	Ex-A-3:-	Spot Mahazar
04	Ex.A-4:	Charge sheet
05	Ex.A-5:-	Inquest report
06	Ex.A-6:-	P.M. Report
07	Ex.A-7:-	Legal Notice
08	Ex.A-8:-	Postal receipts
09	Ex.A-9:-	IMV report
10	Ex.A-10:-	Death Certificate

Documents marked on behalf of OP:

Nil

 

 

Lady Member                     Member               President