Date of Filing : 19/06/2017

Order No.  8  dt.  10/01/2018

       The case of the complainants in brief is that the complainant no.1 being the father of Pintu Kumar Yadav who used to work as a driver under the complainant no.3 and he died in an accident. During the period of his employment after his demise the deceased left behind the complainant no.1 and 2 as his legal heirs. The complainant no.3 being the employer insured the driver and the policy was issued by o.p. being policy no.2015-V3568588-FCV and the policy was valid during the period from 21.2.15 to 20.2.16. After the death of the insured the complainantno.1 along with others made claim to o.p. for realization of the liability for personal accident to the drivers and the sum assured was Rs.2 lakhs per person and premium paid was of Rs.240 per annum. After the demise of the said Pintu Kumar Yadav the complainant no.3 contacted the o.p. and claim was submitted, but the same was not entertained for which the complainant filed this case praying for direction upon the o.p. for releasing the amount of Rs.2 lakhs along with compensation and litigation cost.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            The complainants in order to prove the case filed affidavit on evidence and some documents including the policy papers, PM report, etc. The complainant no.1 in the evidence stated that his son was a driver attached to the complainant no.3 and during the subsistence of the policy his son died in an accident and after the demise of his son the claim was made to o.p. but o.p. did not entertain the claim for which the complainants had to file this case. The complainants also stated that in case of accidental death the liability of the insurance company is of Rs.2 lakhs, but the said amount was not paid for which the complainants had to file this case. The evidence filed by the complainants has remained unchallenged and we have nothing to disbelieve of the same. Therefore, we hold that there is gross deficiency in service on the part of o.p. and as such, the complainant nos.1 and 2 will be entitled to get the relief as prayed for. Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.206/2017 is allowed ex parte with cost against the o.p. The o.p. is directed to pay the amount of Rs.2,00,000/- (Rupees two lakhs) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.         

            Supply certified copy of this order to the parties free of cost.