DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 317  of  2022

 

1. Sri Birendra Debnath,

S/O- Late Gouranga Debnath,

 

2. Smt. Arati Debnath,

W/O- Sri Birendra Debnath,

 

Both are residents of :

Devinagar, Ranirbazar,

P.O. & P.S. Ranirbazar,

West Tripura- 799035. …...............Complainants.

 

-VERSUS-

 

1. The Authorized Signatory,

 

2. The Authorized Signatory/Manager,

Liberty General Insurance Limited,

(Formerly known as Liberty Videocon General 

Insurance Company Limited),

3B, Ganpati Enclave, Bora Service, 

G.S. Road, Guwahati- 781007, 

Assam, India.

 

3. The Authorized Signatory/ Manager/ Director,

Liberty General Insurance Limited,

(Formerly known as Liberty Videocon General

Insurance Company Limited),

Registered & Corporate Office: 10th Floor, Tower A,

Peninsula Business Park, Ganpatrao Kadam Marg,

Lower Parel, Mumbai- 400013.

 

 

 

4. The Authorized Signatory/ Manager,

Liberty General Insurance Limited,

(Formerly known as Liberty 

Videocon General Insurance Company Limited) 

Policy Servicing office:- 

1st Floor, Building Number 543,

Math Chowmuhani, College Road, Agartala,

West Tripura- 799004. 

 

5. The Director,

Postal Department,

Head Office at Post Office Chowmuhani,

P.S. West Agartala, P.O. Agartala,

Agartala, West Tripura

Pin - 799001. …..................Opposite Parties.

 

 

 

 

  __________PRESENT__________

 

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER

DISPUTES REDRESSAL COMMISSION,

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

 

 

 

 

 

C O U N S E L

 

 

For the O.P. No.1,

2, 3 & 4 : Sri Karnejit De,

 

For the O.P. No.5 : Sri Bidyut Majumder,

 

 

 

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Sri Birendra Debnath and Smt. Arati Debnath, Ranirbazar, West Tirpura(in short 'Complainants)' against the Authorized Signatory, Liberty General Insurance Company Limited, Guwahati Assam(in short 'O.P. No.1'), the Authorized Signatory/ Manager, Liberty General Insurance Company Limited, Guwahati, Assam( in short (in short 'O.P. No.2'), the Authorized Signatory/ Manager/ Director, Liberty General Insurance Company Limited, Mumbai(in short 'O.P. No.3'), the Authorized Signatory/ Manager, Liberty General Insurance Company Limited, Math Chowmuhani, Agartala, West Tripura(in short 'O.P. No.4'), and the Director, Postal Department, Agartala(in short 'O.P. No.5') alleging deficiency in service on the part of the O.Ps.

1.2 The case in brief is that Petitioners are the parents of deceased Mintu Debnath who died in a Road Traffic Accident occurred at Mohanpur on 07.02.2021 while coming from Teliamura side to Ranirbazar as the driver Subhajit Das lost control of the vehicle due to heavy fog and fell in the roadside ditch. Mintu Debnath was the helper of the vehicle (mini truck). Both the driver and the helper of the vehicle were shifted to AGMC and G.B.P. Hospital from Ranirbazar P.H.C. but the attending doctor declared Mintu dead.

1.3 Mintu Debnath was the owner of the vehicle bearing No. TR 01AN 1813(Mini Truck) and the said vehicle was duly insured with the O.P. Liberty General Insurance Company Limited covering period from 30.10.2020 to 29.10.2021. 

1.4 Ranirbazar P.S. U.D. Case No. 2021 RNB006 was registered on 14.02.2021 U/S 174 Cr. P.C. and final Report was submitted on 30.06.2021 where the factum of accident was proved. 

1.5 Relevant papers claiming compensation was submitted though O.P. No.5, who did not do anything. Ultimately returned the documents to the petitioners. On 09.10.2021 the petitioners contacted  their advocate who served claim letter to the O.Ps on 11.10.2021 but to no good. 

1.6 Being dissatisfied and aggrieved the complainant filed this complaint before this Commission for getting redress claiming compensation of Rs.49,99,999/- along with 12 % interest P.A.

 

2. O.P. No.1, 2, 3, & 4 resisted the case of the complainant by filing written statement denying the allegations made by the complainant in his complaint petition.

2.1 It is stated by the O.Ps that admissibility of any claim under the policy is governed by the terms of the insurance contract. The extent of loss suffered by the complainant is to be proved by cogent evidence. Since, the complainant failed to substantiate the loss under the policy despite sufficient opportunity, the claim was closed for want of requisites.

2.2 It is also stated that it mandates that the driver ought to have valid and effective driving license at the time of accident but the complainant failed to submit the same.

2.3 O.P. No.5 also contested the case filing their written version refuting the allegations made by the complainant in his complaint petition.

2.4 It is stated that petitioner did not mention any specific article number hence it can not be ascertained whether any article  had been sent through opposite party No.5 or not.

2.5 It is admitted that registered letters bearing no. RE4007321251N dated 11.10.2021, RE400732094IN dated 11.10.2021, RE400732117IN dated 11.10.2021 and RE400732103IN dated 11.10.2021 were sent through registered post and addressed to the O.P. No. 1 to 4 on 23.10.2021, 23.10.2021, 27.10.2021 and 20.10.2021 respectively.

2.6 It is  also pleaded by the O.P. No.5 that as the  Insurance Policy and its claim is not related to the O.P. No.5 and the claim petition has been filed against the O.P. No. 1 to 4, O.P. No.5 is not liable to pay any compensation in this regard. 

2.7 Thus, the O.Ps prayed for dismissal of the complaint case.

 

3. Complainant submitted evidence on affidavit and documents viz. Survival certificate, copy of U.D Case, copy of final Report, Post Mortem Report and claim closer letter dated 28.03.2022 issued by the Liberty General Insurance Co. Ltd. for non submission of documents. 

3.1 One Sri Pradip Majumder, Superintendent of  Post Offices submitted evidence on affidavit on behalf of the O.P. No.5. 

 

4. On the basis of the pleadings, documents filed by both side following points emerged for discussion and decision:-

 

5. Heard the arguments advanced by the Learned counsels of both the parties. 

5.1 It is pleaded by the complainant side that relevant documents were sent through O.P. No.5 but those were returned and the O.P. Insurance Company did not settle their claim for no reason. Hence, they are entitled to the policy claim. 

5.2 On behalf of the O.P. it is argued that  the complainant was asked to furnish documents  per their requirement but the complainant did not submit those documents. They also sent letter requesting for submission of documents vide their letter dated  13.12.2021. Reminder dated 11.01.2022 and final reminder dated 14.02.2022 was sent seeking documents but they did not receive the same from the complainant hence, they closed the claim of the complainant for want of documents. 

 

6. All the points are taken up together for convenience. 

6.1 We have gone through the documents on record. It is admitted fact that the son of the complainant, Mintu Debnath died in a road accident on 07.02.2021.

6.2 Ranirbazar P.S. U.D. Case No. 2021 RNB006 was registered on 14.02.2021 U/S 174 Cr. P.C. and Final Report dated 30.06.2021 also proved the factum of accident.  P.M. report of Mintu Debnath also proved the cause of death is due to head injury.

6.3 Driving license shows that the driver Subhajit Das had valid driving license at the time of accident covering period from 09.09.2020 to 14.02.2031.

6.4 Admittedly, accident occurred on 07.02.2021 and the policy period is from 30.10.2020 to 29.10.2021  which shows valid policy covering the date of accident.  Insurance Policy also shows P.A. coverage for two persons. 

6.5 All these prove that the claim of the complainant is genuine and the O.P. Insurance company can not deny the legitimate claim of the complainant since the fact of accident is proved and the driver had also valid driving license at the time of accident. Insurance company was not justified to deny such relief on the ground of non submission of documents as there is no bar to get the insured sum under P.A. coverage. Hence, the O.P. Insurance company is liable to pay the  sum assured under P.A. coverage.

6.6 As per policy P.A. coverage is Rs.15 Lakhs. Therefore, the complainants are entitled to that amount of Rs.15 Lakhs in equal share. 

6.7 All the points are decided accordingly.

7. In the result, we direct the O.P. Insurance company to pay the sum of Rs.15 Lakhs to the complainant However, interest shall accrue @ 7.5% P.A. from the date of this final award till the date of actual payment, if not paid within 30 days from today. The complainants are not entitled to prior interest as they did not submit documents earlier. 

8. The case stands disposed off. Supply copy of this Final Order free of cost to all the parties. 

 

 Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA: AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER,

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA: AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA: AGARTALA.