Ld Advocates for the parties are present. Judgement is pronounced in open Commission in 3 pages 2 separate sheet of papers.
BY - SRI ASISH DEB, PRESIDENT
The Complainant SmtMithuMaji W/O-Lt. Shibshankar Maji, Vill.-Singhapur, P.O.& P.S. Ghatal, Dist. Paschim Medinipur, is now residing at C/O AshaPatra, W/O- Lt. S. Patra, Vill. Malida, P.O.-Yashara, P.S. Panskura, Dist. Purba Medinipur . Brief facts of the complainant case is that her husband ShibsankarMaji died due to Road Traffic Accident on 07.06.2017. Her husband has a Maruti car bearing No. WB-34AG/0149 which was damaged due to road traffic accident on 07.06.2017. On 07.06.2017 at about 11:30 P.M. accident took place on GhatalPanskura pitch road at Beliaghata bus stand under P.S. Daspur, PaschimMedinpur. One truck bearing No. WB-33A/3475 dashed the said Maruti car bearing No. WB-34AG/0149. As a result that Maruti car has been damaged badly. The Complainant’s husband took a personal accident policy with the request of O.P. No.1 & 2 being policy No. 150305/31/16/6100014481 valid from 18.10.2016 to 17.10.2016 and Rs. 2,00,000/- was the sum assured of which the complainant was the nominee. The Complainant as nominee of said insurance policy demanded the said insurance claim, but till now the O.Ps did not pay the same for which the complainant has been suffering from mental agony and till now the OP 1 Op2 did not repudiate the said insurance claim and for that reason the cause of action of this case is continuing one. The Complainant prays for directing the ops to pay the said insurance claim of Rs. 2,00,000/- with 10% interest from 7thMay 2018, to pay a compensation of Rs. 20,000/-to the Complainant for mental agony and to pay a litigation cost of Rs. 10,000/- to the Complainant for conduct of this case. Total claim is Rs. 2,30,00/-. And to give other reliefs to the complainant which the commission may deem fit and proper.
Notices were duly served upon the ops calling upon them to answer the complaint. The ops have resisted the claims of the complainant by filing a written version thereto. Succinctly, put the contentions made can be delineated as follows: The OPs denied all the allegations contained in the complaint para wise except those are specifically admitted in this written version or otherwise dealt with, and added that nothing stated in the complaint should be deemed to be admitted merely because the same is not specifically traversed. The O.Ps. herein submit that the instant complainant having been influenced by some evil brains made a written complaint by implanting a Truck being No. WB-33A/3475 and mentioned in the written complaint before the Daspur Police Station on 29.11.2017 after a period of 6 months from the stated date of accident on 07.06.2017. The stated Truck WB-33AG/0149 never dashed the stated victim Shibshankar Maji along with the stated Maruti Car WB-34AG/0149 but the Complainant willfully delayed to initiate the complaint with Daspur Police Station with some other motive and till the availability of a hired Truck for such purpose to show the same involved in the stated accident. The Opposite Parties firmly believe that the complainant herein has also filed Motor Accident Claim case before the Ld. Motor Accident Claim Tribunal for getting compensation of the death of her husband in such a fabricated accident and this O.Ps pray for appropriate direction upon the complainant to produce the copy of the charge sheet, seizure lists & other papers/documents relating to the Daspur P.S. Case No. 302/17 dt. 29.11.2017. It is also submitted here that the stated owner-victim was also plying the vehicle for hire as the owner of the vehicle was of no such means to use the vehicle WB-34AG/0149 for his own private use. The Ops herein submit that the complainant had not submitted any such documents as stated in this petition of complainant to investigate as to the happening of any such stated accident. This O.Ps submit that there is no deficiency in service nor any negligence on the part of the O.Ps as to the allegations raised and as such the instant case be rejected on this score also. The instant Consumer case being otherwise bad the same is liable to be dismissed with exemplary costs to this Opposite Party.
Points for determination are:
1. Is the case maintainable in its present form and in law? 2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused and assessed the affidavit of the complainant, written version filed by op, evidence of both parties , and other documents viz copies of FIR, charge sheet, Seizure list, P M Report, DL, insurance Policy , estimates of costs of repair ,Registration Certificate and received copy of Claim Petition ( 1 to 11 ) on record.
We have given thoughtful consideration to the rival arguments of Ld Advocates for both parties.
Having regards had to the facts and circumstances of the case and evidence on record, it is evident that the complainant being a consumer has alleged deficiency in service against the ops ; the bundle of facts indicate that this case is maintainable in its present form and in law.
On scanning and evaluation of the evidence, it appears that the complainant has alleged on oath that her husband Shibsankar Maji died due to Road Traffic Accident on 07.06.2017. Her husband has a Maruti car bearing No. WB-34AG/0149 which was damaged due to road traffic accident on 07.06.2017. On 07.06.2017 at about 11:30 P.M. accident took place on Ghatal Panskura pitch road at Beliaghata bus stand under P.S. Daspur, PaschimMedinpur. One truck bearing No. WB-33A/3475 dashed the said Maruti car bearing No. WB-34AG/0149. As a result that Maruti car has been damaged badly. The Complainant’s husband took a personal accident policy with the request of O.P. No.1 & 2 being policy No. 150305/31/16/6100014481 valid from 18.10.2016 to 17.10.2016 and Rs. 2,00,000/- was the sum assured of which the complainant was the nominee. The Complainant as nominee of said insurance policy demanded the said insurance claim, but till now the O.Ps did not pay the same for which the complainant has been suffering from mental agony and till now the OP 1 Op2 did not repudiate the said insurance claim.
Now it appears from the Claim petition( annexure -11) submitted by the complainant on07.05.2018that the statement of ops to the effect that the complainant had not submitted any such documents as stated in this petition of complainant to investigate as to the happening of any such stated accident is not true. The claim of ops that the instant complainant having been influenced by some evil brains made a written complaint by implanting a Truck being No. WB-33A/3475 and the stated Truck WB-33AG/0149 never dashed the stated victim Shibshankar Maji along with the stated Maruti Car WB-34AG/0149 but the Complainant willfully delayed to initiate the complaint with Daspur Police Station with some other motive and till the availability of a hired Truck for such purpose to show the same involved in the stated accidenthave not been established by any cogent evidence.The assertion of the ops to the effect thatOpposite Parties firmly believe that the complainant herein has also filed Motor Accident Claim case before the Ld. Motor Accident Claim Tribunal for getting compensation of the death of her husband in such a fabricated accidenthas got no leg to stand upon because concerned police investigated the case properly, police also took notice of the delay in lodging FIR .After investigation of the case police submitted charge sheet. The Ld Jurisdictional Judicial Magistrate took cognizance of the offenceThe complainant submitted police papers along with Claim petition. The ops should have replied the claim in accordance with the rulesbut ops sat idle over the issue .Consequently ,theops fell into the mischief of deficiency in service. The deceased insured had a valid driving license. The ops should not have denied the claim of the complainant who is the nominee of the deceased insured.
The complainant, as nominee ,is entitled to get Rs. 2,00,000/- ,the sum assured alongwith simple interest @ 10% per annum over the said sum assured amount from the date of filing of this case till full realization in the nature of compensation and Rs.5000/-as towards litigation costs.
Both the points are disposed of accordingly.
Thus, the case succeeds.
Hence, it is
O R D E R E D
That CC/485 of 2019 be and the same is allowed on contest.
The ops ,who are jointly and severally liable, are hereby directed to pay Rs. 2,00,000/(Two lakh),the sum assured alongwith simple interest @ 10% per annum over the said sum assured amount from the date of filing of this case till full realization in the nature of compensation and Rs.5000/-as towards litigation costs within 45 days from the date of this order.
Let a copy of the judgment be supplied to each of the parties free of cost
