IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CDRF,Fort Road,Kasaragod consumer case(CC) No. C.C.23/2007
Mathewkutty John
...........Appellant(s)
Vs.
The Branch Manager
...........Respondent(s)
BEFORE:
1. K.T.Sidhiq 2. P.P.Shymaladevi 3. P.Ramadevi
Complainant(s)/Appellant(s):
1. Mathewkutty John
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
1. Satheesh
OppositeParty/Respondent(s):
ORDER
Date of filing :27-03-07 Date of order :13-11-08 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.23/07 Dated this, the 13th day of November 2008. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Mathewkutty John, S/o.John, Puthuparambil (House). } Complainant Thayyeni, Po, Kasaragod.Dt, Hosdurg Taluk. The Branch Manager, New India Assurance Co.Ltd, } Opposite party South Bazar Payyanur. O R D E R SRI.K.T.SIDHIQ,PRESIDENT In nutshell the case of the complainant Mathewkutty John is that he received personal injuries in a road traffic accident while he was driving the autorikshaw bearing Reg.No.KL-13/F 8940 of which he himself was the owner. The said vehicle was duly insured with New India Assurance Co.Ltd. Since the policy of insurance covered the personal accident liability of the driver cum owner. Mathewkutty John preferred a claim before the New India Assurance Co.Ltd with whom the vehicle was insured. But the insurer is not entertaining his claim. Hence this complaint alleging deficiency in service on the part of New India Assurance Co.Ltd. 2. New India Assurance Co.Ltd filed version. The insurance coverage, the injuries sustained to the complaint in the accident etc are admitted. But according to the insurer as per the policy they had undertaken to pay compensation for the bodily injuries shown in the schedule of the policy. As per the schedule the scale of compensation for (1) death is 100% (2) loss of 2 limbs, or sight of two eyes or one limb and sight of one eye, is 100% (3) loss of one limb or sight of one eye 50%. (4) Permanent total disablement from injuries other than named above 100%. According to insurer the Mathewkutty John has not sustained any injuries as contemplated U/s IV of the policy schedule. Hence the benefit of the policy cannot be extended to the complainant. Therefore opposite party is not liable to pay any compensation to the complainant. 3. On the side of Mathewkutty John Exts A1 to A7 marked on the side of Insurance company. Ext.B1 marked. Both sides heard and the documents perused carefully. 4. Ext.A3 the treatment certificate and Ext.A2 discharge card shows that Mathewkutty John has sustained severe injuries including fracture in the accident. But the injuries were not sufficient enough to entitle him compensation as per the policy issued to him even though he paid an additional premium of Rs.100/- to cover the risk of owner cum driver. 5. This is the plight of a driver cum owner of a vehicle who sustained injuries in a road traffic accident. If the injured was driving the vehicle in the capacity of a driver alone then of course he could have claimed compensation under Workmans compensation Act from his employer. But in the instant case the injuries sustained were not covered as per the schedule contained in the policy. We think it is necessary to make amendments in the schedule of injuries contained in the policy regarding the cover of risk of an owner cum driver of a vehicle in a broader spectrum so as to entitle him for compensation for any injuries sustained in the accident. For this purpose insurer can collect premium on higher rates if necessary. In the light of the above discussion we do not find any deficiency in service on the part of the New India Assurance Company in not entertaining the claim for personal accident sustained to Mathewkutty John. The complaint accordingly fails and hence dismissed with no order as to costs. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Copy of FIR A2.Copy of discharge card A3. Copy of Treatment certificate. A4. Copy of policy A5.(series 11 Nos) bills. A6. Out patient record. A7.Certificate issued by Cherupuza Medical Centre B1.Policy issued to the complainant. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
