Ld Advocate for the complainant is present. Heard argument exparte. Judgement is made ready. Judgement is pronounced in open Commission in 3 pages 2 separate sheet of paper.

BY -      SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case is that the complainant is a permanent resident of this Jurisdiction.  Debkumar Maji S/O Lt. Matilal Maji is the husband of the Complainant who died on 14.03.2021 by meeting road accident at Kolaghat Bye Pass when he was returning from his duty by riding  a Motor Cycle being No. WB 30E/6418 with a Motor Cycle Being No.WBN/9258. At the time of said accident said Debkumar Maji had valid driving licence being No. WB 29 20070038384 dt. 09.12.2007. The Complainant’s husband Debkumar Maji took personal Accident Insurance Policy of Rs. 4,00,000/- from the Opposite Party on 28.07.2020 being policy No. 18323698 for the period from 28.07.2020 to 27.07.2021 ; and the complainant is the nominee of said policy. Regarding said accident Kolaghat P.S. Case No. 248/21 dt. 05.07.2021 u/s 279/304A I.P.C. has been started and charge sheet has been submitted on 30.08.2021. The Complainant demanded the insurance claim from the O.P. by filing claim form in time. But till now the Opposite Party did not allow the said Insurance claim; nor it did  repudiate the said claim; for which the complainant has been suffering from mental agony. As such this case is continuous cause of action and this case is not barred by limitation because the Opposite Party did not allow or repudiate the said insurance claim. Therefore, the complainant has prayed for directing the Opposite Party, to pay said insurance claim of Rs/. 4,00,000/- with 10% interest from 14.03.2021 till realization to the complainant, to pay a compensation of Rs. 75,000/- for mental agony, to pay a litigation cost of Rs. 15,000/- for conduct of this case.

        Notice of the case was duly served upon the op, however the O.P preferred to see that the case is decided ex-parte against it.

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 complaint on affidavit, evidence of the complainant, and documents on record.

We have given thoughtful consideration of the ex-parte argument of Ld. Advocate for complainant.

Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that complainant is a consumer having grievances against the OP, as such the case is maintainable in its present form and in law.

The complainant has deposed on oath that Debkumar Maji S/O Lt. Matilal Maji is the husband of the Complainant who died on 14.03.2021 by meeting road accident at Kolaghat Bye Pass when he was returning from his duty by riding  a Motor Cycle being No. WB 30E/6418 with a Motor Cycle Being No.WBN/9258. At the time of said accident said Debkumar Maji had valid driving licence being No. WB 29 20070038384 dt. 09.12.2007. The Complainant’s husband Debkumar Maji took personal Accident Insurance Policy of Rs. 4,00,000/- from the Opposite Party on 28.07.2020 being policy No. 18323698 for the period from 28.07.2020 to 27.07.2021 ; and the complainant is the nominee of said policy. Regarding said accident Kolaghat P.S. Case No. 248/21 dt. 05.07.2021 u/s 279/304A I.P.C. has been started and charge sheet has been submitted on 30.08.2021. The Complainant demanded the insurance claim from the O.P. by filing claim form in time. But till now the Opposite Party did not allow the said Insurance claim ;nor it did  repudiate the said claim. The above testimony of complainant has not been challenged by the op. From the Charge Sheet in connection with Kolaghat PS Case No.248/ 2021 it is evident the accident was caused due to the fault on the part of the driver of the offending vehicle WB-30N-9258.The death of the husband of complainant/nominee was occurred during the subsistence of insurance policy with the op/ insurer. The op should have settled the claim in due time ; but op neither settled the claim nor repudiated the same showing any valid reason. Such act on the part of the op falls in the category of utter negligence and deficiency of service. The complainant is entitled to get  insurance claim of Rs/. 4,00,000/- along with simple interest @ 9% per annum from the date of filing of this case till realization in the nature of compensation for mental agony and Rs.5,000/- as costs for conducting of this case.

Thus, the  compliant case succeeds ex-parte. 

Both the points are decided accordingly.

Hence, it is

O R D E R E D

That CC/36 of 2023 be and the same is allowed ex parte against the OP.

The Opposite Party is hereby directed to pay Insurance Claim of Rs/. 4,00,000/- along with simple interest @ 9% per annum from the date of filing of this case till realization in the nature of compensation and Rs.5,000/- as costs for conducting of this case to the complainant within 45 days from the date of this order.

In default, the Complainant would be at liberty to put the order into execution as per law.

Let a copy of the judgment be supplied to the complainant free of cost.