DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 63 of 2021

 

Haripada Das,

S/O.-Lt. Budhai Ch. Das,

Of College Tila, Quarter, P.O.-College Tila,

P.S.-East Agartala, Pin-799004,

Dist.-West Tripura, Agartala….......................................................................Complainant.

 

 

 

 

 

-VERSUS-

 

 

 

 

1. The Branch Manager,

Liberty General Insurance Company Ltd.

Of 1st Floor, Building Number 543, Math Chowmuhani,

College Road, P.S.-East Agartala, Pin-799004, 

Dist.-West Tripura........................................................................................ Opposite Party.

 

 

  __________PRESENT__________

 

 SRI RUHIDAS  PAL

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 Complainant : Sri Suman Kumar Banik,

  Advocate.

 

For the O.Ps. : None appeared – Ex-parte. 

 

JUDGMENT  DELIVERED  ON : 14 /11/2022.

 

J U D G M E N T

          The Complainant Sri Haripada Das, set the law in motion by presenting the complaint petition U/S 35 of the Consumer Protection Act, 2019  complaining deficiency of service committed by the O.P. 

The Complainant's case, in brief, is that the Complainant  insured the vehicle bearing Registration No.TR-01-AM-7528(Scooty) with the O.P. vide Policy No.201230130119800160300000 which the coverage of the said policy was from 22/01/2020 to 21/01/2021. On 02/01/2021 at about 10.30 hrs. while Complainant reached at Durga Bari Petrol Pump at that time one E-Rickshaw(Tom Tom) which was proceeding with same direction and the said vehicle dashed behind the TR-01-AM-7528(Scooty) and met with an accident and got badly damaged. At the relevant point of time the injured Sri Haripada Das was taken to AGMC & GBP Hospital, Agartala. Thereafter, he was admitted in Bhaumik Polyclinic & Nursing Home, A.A. Road, Kalyani, Dhaleswar, Agartala. During treatment in the said Nursing Home an operation was held on his right hand by the doctor of the said Nursing Home. After discharge from the said Nursing Home till date he is under treatment by his private doctor. The family members of the injured spent near about Rs.5,00,000/- only for his treatment purpose. Thereafter, injured made a written complaint against the said unknown driver of the E-Rickshaw(Tom Tom) vehicle to the O/C West Agartala Police Station, Tripura which was registered as West Agartala P.S. Vide FIR No.043/2021 U/S 279, 338 & 427 of IPC. After lodging of FIR, Complainant, Sri Haripada Das went to office of the insurer on 10/03/2021 to submit a written intimation but the staff of office of the insurer who received the said written intimation did not provide any receipt of that intimation dated 10/03/2021 and till date did not issue any kind of written intimation/reply in this respect. On 07/04/2021 the present complainant through his engaged Advocate Sri Suman Kumar Banik served a legal notice through registered post to the O.P. insurer for settlement of the insured medical treatment cost and to disburse the same to the present complainant of the instant case. But on receipt of the legal demand notice the O.P. Insurance Company neither gave any response nor has shown any interest to settle the claim. Hence there is a clear deficiency in service on the part of O.P. Insurance Company. 

So, being aggrieved and dissatisfied by the conduct of the O.P.,  the Complainant alleging deficiency of service has filed the instant complaint before this Commission claiming the cost of treatment & compensation of Rs.7,00,000/-i.e. (Rs.5,00,000/- + Rs.2,00,000/-) along with interest @12% P.A. from the date of accident till realization of the same.

On admission of the complaint notice was issued upon the O.P. But the O.P.  after receiving the notice did not turn up and consequently the case was proceeded ex-parte against them vide order dated 27/10/2021. 

EVIDENCE ADDUCED BY THE COMPLAINANT:-

3. Complainant has examined himself as PW-I and he has submitted his examination-in-Chief by way of Affidavit. In this case the complainant produced 13 documents comprising 55 sheets under a Firisti dated 28/02/2022. The documents are namely Copy of F.I.R. Ejahar, Copy of written intimation to the O.P., Copy of Advocate Notice, Copy of postal money receipt, Original Insurance Certificate, copy of registration of vehicle No. TR-01-Am-7528, Copy of Driving License of Haripada Das, Original two number of doctor prescription, Copy of one certificate issued from O/C Agartala Fire Station,  Copy of Discharge Certificate of Haripada Das, Some Original cash memos/Bill, Some original doctor prescriptions & report & Copy of intimation letter etc.  On identification the  documents are marked as Exhibit-I series.

POINTS TO BE DETERMINED:-

    Based on the contentions raised by the Complainant in the pleadings and having regard to the evidence adduced by the complainant, the following points cropped up for determination:

      (I) Whether the O.P. has committed any deficiency of service towards the Complainant ?

(II) Whether the complainant is entitled to get  compensation/relief as prayed for?

5.  ARGUMENT:-

Since it is an ex-parte proceeding, we only heard Mr. Suman Kumar Banik, Learned Advocate appearing for the Complainant. Mr. Banik submitted that on 02/01/2021 at about 10.30 hrs. while Complainant reached at Durga Bari Petrol Pump at that time one E-Rickshaw(Tom Tom) which was proceeding with same direction and the said vehicle dashed behind the TR-01-AM-7528(Scooty) and met with an accident and got badly damaged. At the relevant point of time the injured Sri Haripada Das was taken to AGMC & GBP Hospital, Agartala. Thereafter, he was admitted in Bhaumik Polyclinic & Nursing Home, A.A. Road, Kalyani, Dhaleswar, Agartala. During treatment in the said Nursing Home an operation was held on his right hand by the doctor of the said Nursing Home. After discharge from the said Nursing Home till date he is under treatment by his private doctor. The family members of the injured spent near about Rs.5,00,000/- only for his treatment purpose. Thereafter, injured made a written complaint against the said unknown driver of the E-Rickshaw(Tom Tom) vehicle to the O/C West Agartala Police Station, Tripura which was registered as West Agartala P.S. Vide FIR No.043/2021 U/S 279, 338 & 427 of IPC. After lodging of FIR, Complainant, Sri Haripada Das went to office of the insurer on 10/03/2021 to submit a written intimation but the staff of office of the insurer who received the said written intimation did not provide any receipt of that intimation dated 10/03/2021 and till date did not issue any kind of written intimation/reply in this respect. On 07/04/2021 Complainant served a legal notice through registered post to the O.P. insurer for settlement of the insured medical treatment cost and to disburse the same to the present complainant of the instant case. But on receipt of the legal demand notice the O.P. Insurance Company neither gave any response nor has shown any interest to settle the claim. He further submitted that necessary documents are produced and it is marked as Exhibit-I series. He further submits that the claimant is entitled to get his insurance benefit and O.P. is liable to settle the claim.         

6. DECISION AND REASONS FOR DECISION:

Both points are taken-up together for convenience for decisions. 

Since it is an ex-parte proceeding, we have to see whether the Complainant has been able to prove his case by way of adducing sufficient evidence. 

In the instant case Complainant himself submitted his examination-in-chief on affidavit. In the examination-in-chief on affidavit Complainant stated that on 02/01/2021 at about 10.30 hrs. while he reached at Durga Bari Petrol Pump at that time one E-Rickshaw(Tom Tom) which was proceeding with same direction and the said vehicle dashed behind the TR-01-AM-7528(Scooty) and met with an accident and got badly damaged. At the relevant point of time the injured Sri Haripada Das was taken to AGMC & GBP Hospital, Agartala. Thereafter, he was admitted in Bhaumik Polyclinic & Nursing Home, A.A. Road, Kalyani, Dhaleswar, Agartala. During treatment in the said Nursing Home an operation was held on his right hand by the doctor of the said Nursing Home. After discharge from the said Nursing Home till date he is under treatment by his private doctor. The family members of the injured spent near about Rs.5,00,000/- only for his treatment purpose.   

In the instant case we have examined all the exhibited documents and from the documents we found there is insurance policy issued by the O.P. and the period of own damage as well as compulsory P.A. is  from 22/01/2020 to 21/01/2021. We also find that the P.A. coverage for owner driver is Rs.15 lac. From the oral evidence as well as documentary evidence i.e. medical evidence we also find that the vehicle accident was occurred on 02/01/2021 and due to that accident Complainant sustained injury. He was taken to the AGMC & GBP Hospital and he was admitted in Bhaumik Polyclinic & Nursing Home, A.A. Road, Kalyani, Dhaleswar, Agartala. We also find that a written complaint was made before West Agartala P.S. Regarding the accident and FIR was registered vide FIR No.043/2021 U/S279, 338 & 427 of IPC. To substantiate the claim Complainant adduced medical bill including a bunch of cash memos for purchasing the medicine. On calculation we find that the Complainant incurred in total of Rs.82,317/- for the purpose of treatment including the Nursing Home charges. We also find that Complainant informed the matter in the office of the O.P. in writing and also Advocate notice was served upon them claiming the medical expenditure but O.P. did not pay any heed to his claim which amounts to deficiency in service on the part of the O.P.   

8.        On appreciation of the Complainant's evidence we found that Complainant has been able to prove his complaint and it is found that there was deficiency in service on the part of the O.P. Hence, we order that O.P. will make the payment of Rs.82,317/- to the Complainant as an expenditure for the purpose of treatment and also will pay Rs.20,000/- as compensation for causing harassment and mental agony to the Complainant and also will pay Rs.10,000/- as a litigation cost i.e. in total O.P. will pay Rs.1,12,317/-(Rs.82,317/- + Rs.20,000/- + Rs.10,000/-) to the Complainant within a period of 2 months from the date of this judgment, failing which the entire amount will carry interest @ 7% P.A. till the payment is made in full with effect from the date of judgment.

    Complaint is partly allowed. 

Office is directed to supply a certified copy of the judgment to the Complainant free of cost and Complainant is directed to send a certified copy of the judgment to the address of the O.P. by registered post for  information and compliance within 07 days after receiving the certified copy of the judgment. 

Announced.

 

SRI  RUHIDAS  PAL

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.