Date of filing:- 04/09/2017. Date of Order/Judgement:-06/12/2022.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 42 of 2017.
Gopabandhu Dash son of Late Bhabani Dash, aged about 45 years, resident of Bisalpali, Via-Halupali, P.s. Bhatli, Dist. Bargarh
……. ..... Complainant.
V e r s u s
The Branch Manager National Insurance Company Ltd. Through its Divisional, Manager, Sambalpur Division, Sambalpur.
….. Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri Dyutish Acharya and Associate.
For the Opposite Party :- :- Sri Ashok Kumar Dash.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.06/12/2022. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant is the father of the deceased Subham Kumar Dash. Subham Kumar Dash was the owner of the motorcycle bearing No. OR 17 G 1093 model (Glamour cast DRs) which was insured under the Opposite Party. The Complainants son Subham Kumar Dash died on 20/06/2016 out of Motor accident leaving behind his parents as his legal heirs. The Motor cycle was insured under comprehensive/package policy covering the risk of own damage of vehicle and personal Accident claim. The Complainant has intimated the Opposite Party regarding the accident of the motor cycle leading to death of his son and damage of the motor cycle. Son after the accident report was made before police Attabira. The damage vehicle was kept in the show room of Akash Motor Bargarh, who is agent of the Opposite party National Insurance Company so also the authorized dealer and service centre of the involved motor cycle. The dealer being an agent of the Opposite Party issued a cost of site Party had issued the policy to the deceased. Before its repair the dealer Akash Motor Bargarh also intimated to the Opposite Party regarding the accident and maintained all paraforlnia then issued a cost of repair of the motorcycle amounting of Rs.15,283/-(Rupees fifteen thousand two hundred eighty three) only. The Complainant did not get any response from the Opposite Party inspite of the intimation of Akash Motor, Bargarh to the Opposite Party regarding the accident. The Complainant himself send a intimation of accidental damage of the vehicle to the Branch Manager, Bargarh Branch. On receipt of intimation from the Complainant the Opposite party issued a claim form to the Complainant the Opposite party issued a claim form to the Complainant to which the Complainant. Submitted duly filled up along with required documents like estimate of repair amounting Rs.15,283/-(Rupees fifteen thousand two hundred eighty three) only, Xerox copy of F.I.R. P.M. Report, R.C. Book, Insurance Policy. After some days the B.M. issued a letter to the Complainant to produce the original documents for their verification. Accordingly the Complainant produced all documents before the Branch Office of the Opposite party who verified instantly and returned the Original and assured to settle both the claim shortly. But the Opposite Party did not settle the claim. In between the vehicle was repaired and delivered to the Complainant on payment of Rs.19,901/-(Rupees nineteen thousand nine hundred one ) only towards the cost of repair through the estimate was Rs.15,283/- (Rupees fifteen thousand two hundred eighty three) only on dated 24/02/2017 the Complainant send a letter and informed the matter. Already 7 months has passed but the Opposite party did not settle the claim. Being harassed the Complainant filed this case before this Commission.
- The Case of the Opposite party is that the Opposite party Branch Manager, National Insurance Company filed its version and submitted that the Complainant did not provide the D.L. of the deceased which is mandatory and as a result the Opposite Party could not settle the claim amount.
- Perused the document filed by the Complainant and Opposite Party and following issues are framed.
ISSUES
- Whether the Complainant is a Consumer of the Opposite Party ?
- Whether the Opposite party is deficient in its service ?
- What relief the Complainant is entitled to get ?
Issue No.1:-
The Complainant Gopabandhu Dash is the father of the deceased Subham Kumar Dash. Again the Complainant is the nominee in the said insurance policy. The document filed by the Complainant clearly reflect that the Complainant had deposited premium amount and the policy was valid during the accident. The Policy was valid from 18/03/2016 to 17/03/2016 and death of the insured occurred on 20/06/2016. There is Consumer relationship between Subham Kumar Dash and the National Insurance Company.
After the death of Consumer his Legal heirs may Complaint against the deficiency in service, right of Consumer passes to his Legal heirs.
Accordingly the Complainant have locus standi to file a Complaint against any violation of rights of the Consumer as Legal heirs. The issue is answered accordingly.
Issue No.2:-
In the present case the Opposite Party did not settle the claim and submitted that due to non submission of DL the Company could not settle the claim. The Complainant insured the vehicle under Compreshensive/package policy covering the risk of own damage of vehicle and personal accident claim. The Complainant deposited Rs.50/-(Rupees fifty) only for personal accident claim of Rs.1,00,000/-(Rupees one lakh) only which is clearly mentioned in the policy bond. When the Opposite Party had taken the premium for personal accident claim, it is the duty of the Insurance Company to settle the claim after death of the insured. But nin this case the Opposite Party did not settle the claim and taking different pleas. In this case DL of the insured is immaterial. The insurer or the Oppsoite party is deficient in its service as the insurance company did not settle the claim in time. Again the Complainant deposited all the documents including the estimate report of the vehicle and final receipt of Akash Motor, Bhatli Chowk, Bargarh which is the authorized dealer and service centre of the involved motor cycle. The Complainant on dated 24/02/2017 intimated all the matter again by writing a letter to the Branch Manager National Insurance Company Ltd, Bargarh. But the Opposite party after knowing all the facts remained silent. It proves the deficiency on the part of the Opposite Party.
The issue is answered accordingly.
Issue No.3:-
From the Supra discussion it is clear that the Complainant is entitled for the claim. The issue is answered accordingly.
O R D E R
The Complainant is allowed on contest against the Opposite Party. The Opposite party is directed to pay Rs.1,00,000/-(Rupees one lakh) only for personal accident claim and Rs.18,901/-(Rupees eighteen thousand nine hundred one) only for cost of repair of vehicle within one month from the date of this Order. Failing which the amount will carry 12% interest P.A. till realization. Further the Opposite Party is directed to pay Rs.10,000/-(Rupees ten thousand) only compensation for harassment and mental agony and Rs.5,000/-(Rupees five thousand) only for litigation expences.
Order pronounced in open court on this 06th day of December 2022.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Jigeesha Mishra)
Dt.06/12/2022 Dt.06/12/2022
M e m b e r (w) P r e s i d e n t
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