Before the District Consumer Disputes Redressal Commission, Rohtak.
Consumer Complaint No. 408
Instituted on: 21.08.2019
Decided on: 03.12.2024
Dilbag son of Sh.Dilawar, resident of Village FarmanaBadshapur, Tehsil Meham, Distt. Rohtak.
….Complainant
Vs
- Tata AIG General Insurance Company Ltd. Branch Office at 2nd floor, Narayan Complex, Civil Road, Rohtak- 124001, through its Divisional Manager.
- Tata AIG General Insurance Company Ltd. Registered office at PeninsulaBusinessPark, Tower A, 15th floor, G.K. Marg, Lower Parel, Mumbai-400013, through its Manager.
……Opposite Parties
COMPLAINT UNDER CONSUMER PROTECTION ACT.
BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJDENER SINGH, MEMBER.
Present: Sh. Dharambir Singh, Advocate for the complainant.
Sh. Gulshan Chawla, Advocate for Opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the present compliant, as per complainant are that Naveen son of Dilbag was owner of a Vehicle/scooty bearing engine no. JF33ABJGH13555 and Chassis No. MBLJFW019JGH14008 and the same was insured with opposite party for the period of 28.11.2018 to 27.11.2013(date is wrongly mentioned as the same is 27.11.2023). The premium of Rs.750/- for Personal Accident Cover (Owner and Driver) was paid to the Insurance Company. On 13.01.2019, the son of complainant namely Naveen alongwithVipan son of Shyam Lal were going to Village Farmana from Gurgaon and the said vehicle met with an accident near village Dhaur due to rash and negligent driving of driver of a canter. Due to this accident, both of them suffered multiple grievous injuries and Naveen succumbed due to said injuries.An FIR no. 12 dated 14.01.2019 u/s 279/304A/337IPC was got registered at PS Dujana. The complainant submitted the claim application and all required documents in the office of opposite party but the insurance company, has not disbursed the genuine claim of the complainant taking objection regarding non-having of driving license by Naveen,who used to keep the same in his pocket and which was not traceable at the time of accident. A DDR was registered at PS Dujana for the said factum.The act and conduct of the opposite parties is illegal and amounts to deficiency in the service. Hence this complaint and it has been prayed that opposite parties may kindly be directed to pay the claim amount of Rs.15,00,000/- covered under the aforesaid insurance policy alongwith interest, Rs.25,000/- as compensation on account of deficiency in the services and Rs.5500/- as litigation expenses to the complainant.
2. Upon notice, the opposite parties appeared and filed their written statement submitting thereinthat no intimation regarding the death of Naveen or requisite documents were submitted before filing this complaint.The insurance policy no. 0189717715 covered the insured vehicle for a specific period from 28.11.2018 to 27.11.2023 was subject to terms and conditions. It is contended that claim under section III Personal Accidental Cover for owner-driver are admissible only, if the death of owner-driver occurs in direct connection with insured vehicle whilst mounting into/dismounting from or traveling in the insured vehicle as a co-driver, caused by violent accidental external means. After receipt of complaint, independent investigator M/s Corporate Investigation Services was appointed and investigation revealed that Mr. Naveen was not holding a valid driving license at the time of accident. The opposite parties denied the allegations of negligence or failure to settle the claim. It is denied by the opposite parties that on 13.01.2019 deceased alongwithVipan son of ShyamLal were coming to Village Farmana from Gurgaon on aforementioned vehicle and near village Dhaur a canter hit the said vehicle. In said accident, Naveen and Vipan suffered multiple grievance injuries and Naveen died due to said injury. However, it is admitted that premium of Rs. 750/- toward PA owner-driver cover was collected by them. As such there is no unfair trade practice or deficiency in the service on the part of opposite parties as alleged. The claim of complainant has righty repudiated and the complainant is not entitled for any relief.It is further contended that the complainant has not provided the necessary documents. Hence, the present complaint is premature. It is prayed that the complainant be directed to furnish the requisite documents and co-operate with the opposite party for processing the claim subject to term and conditions. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint with costs.
3. Learned counsel for the complainant tendered affidavit Ex. CW1/A and documents Ex. C-1 to Ex. C-9in his evidence and closed the same on 10.05.2022. On the other hand, learned counsel for the opposite parties in his evidence tendered affidavit Ex. RW1/A and document Ex. R-1 closed the same on 12.04.2023.
4. We have heard the arguments of learned counsel for the parties, perused the documents placed on record and have gone through material aspects of the case very carefully.
5. In the present case it is not disputed that son of complainant had taken an insurance policy for his vehicle as is proved from the policy Ex.C2 and had also paid an amount of Rs.7576/- as premium amount including the amount of Rs.750/- for Compulsory PA Cover(Owner Driver). It is also not disputed that the alleged vehicle met with an accident on 13.01.2019 and FIR No.0012 dated 14.01.2019 was registered in P.S. Dujana. As per copy of FIR placed on record as Ex.C4, Naveen was driving the vehicle and he succumbed due to injuries sustained in the alleged accident. After the death of his son, complainant filed the claim with the opposite parties but the same has not been paid by the opposite parties on the ground that insured Mr. Naveen did not possess valid driving licence at the time of accident. On the other hand, contention of ld. counsel for the complainant is that deceased Naveen was having valid and effective driving licence, which he used to keep in his pocket but the same was not traceable at the spot of accident. As such a DD has been registered in PSDujana. The Lost Property Report Ex.C5 has been placed on record. We have perused the alleged report Ex.C5. As per this report, the documents i.e. Driving licence, Adhar Card and Pan Card were lost on 13.01.2019 i.e. on the date of accident and the place of missing is ‘DHOUR’ and as per copy of FIR Ex. C4, the place of accident is also ‘DHOUR’. Meaning thereby, the driving licence of the deceased Naveen alongwith other documents was lost at the time of accident, due to which the complainant could not submit the same to the opposite parties. Moreover, the accident occurred due to negligence of driver of other vehicle. Hence death of Naveen is covered under the terms and conditions of the policy as he was the registered owner-driver of the vehicle and was also insured in the policy. As such, opposite parties are liable to pay the claim amount as mentioned in the policy Ex.C2 i.e. CPA cover Rs.15 lakhs.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay the amount of Rs.1500000/-(Rupees fifteen lakhs only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 21.08.2019 till its realization and shall also pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service andRs.5000/-(Rupees five thousand only) as litigation
expenses to the L.Rs of deceased Naveen in equal share. Complainant is directed to submit the list of L.Rs to the opposite party within 15 days and thereafter the opposite party shall comply with the order of this Commission within 15 days.
7. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
03.12.2024.
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Nagender Singh Kadian, President
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TriptiPannu, Member.
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Vijender Singh, Member
