DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:  CC- 53/2021

 

Sri Sanjit Deb,

S/O- Rabindra Deb,

Indranagar, Agartala, 

West Tripura-799006.........Complainant.

 

-VERSUS-

 

1. The Authorized Signatory,

Future General India Insurance Co. Ltd.,

2nd Floor, GRS Tower, 

RMS Chowmuhani, Agartala, 

West Tripura- 799001.

 

2. Rajesh Roy,

Insurance Agent of 

Future General India Ins. Co. Ltd.,

2nd floor, GRS tower, RMS Chowmuhani,

Agartala, West Tripura-799001.

 

3. The Branch Manager,

UCO bank, Narsingharh Branch,

Agartala, West Tripura- 799015........O.Ps.

 

    _______PRESENT________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSA COMMISSION, 

WEST TRIPURA, AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

F I N A L    O R D E R:-

 

Learned counsels are present.

This is a case seeking compensation filed by the complainant on the ground that while driving his own auto he met with an accident and sustained injuries. Therefore, he claimed compensation along with other reliefs. Learned counsel also claimed compensation for repairing of the vehicle but in fact has  submitted that he claims  compensation for his injuries as well. It is as per the terms and conditions of the policy. 

(i) The policy holder is entitled to the entire amount that is 100% in case of death. (ii) again 100%  in case of loss of 2 limbs or sight of 2 eyes or 1 limb and sight of 1 eye (iii) loss of 1 limb or sight  of 1 eye in that case 50% of the total sum and (iv) permanent total disablement from injuries other then named in the 3 cases above. 

Be that as it may, there is no scope for giving any compensation for the injuries sustained by the complainant. In fact, this compulsory personal accident covering  to the tune of 15 lakhs as has come into force by dint of a judgment of Hon'ble Supreme Court in IRDA based regulation with effect from 1st September, 2018. Therefore, it is evident that in the case at hand the complainant is not entitled to any compensation for his injuries. 

By this petition the complainant has  proved the documents like FIR, Policy of Insurance, and has also proved his injuries because of the accident by submitting medical documents, this Commission can easily come to the conclusion that the vehicle also suffered some damages.

At that juncture Learned Counsel Mr. Sampad Choudhury  is honest and fairly submits that   although the complainant has submitted vouchers for Rs.9,540/- from Tara Sankar Motors Pvt. Ltd. but as per the terms of the policy after deducting the plastic items and depreciation value the insurance Co. has already paid Rs.5,564/-. 

In such a situation this Commission does not find any deficiency in service on the part of the Insurance Co. Therefore, this Commission does not order any compensation to be paid by the Insurance Co. as well. 

This commission is very much anxious about one thing that the  insured people at large are not aware of the terms and condition of the policy like what has happened in this case. Therefore, Future General India Insurance Co. Ltd. is directed to make this condition on part of policy from today for the better understanding of the policy holder because people at large do not read the voluminous documents. So this 4 clauses have to  be printed on the body of the policy itself. The insurance company shall do it and make a report in writing before this Commission that they will do it within 30 days from today otherwise this will be treated as non compliance of the order of this Commission within the meaning of Section 72 of the Consumer Protection Act, 2019 and appropriate action will be taken against them. With this observation the case stands disposed off. 

Communicate a copy of this order to learned counsel of both sides.