This case has arisen out of an application U/s 35 of the Consumer Protection Act, 2019.
The fact of the case is that Prasenjit Barman, husband of Petitioner No:1 & son of Petitioner No:2 was the owner cum driver of vehicle/motor cycle bearing No:W.B60X/4341 & he got it insured including PA cover vide Policy No:3397/02643665/000/00 from O.P/Insurance Company valid from 26.07.2021 to 25.07.2024.
That on 30.05.2022 at about 9:30 AM when Prasenjit Barman driving his motor cycle coming from Raiganj (Siliguri More) to Itahar through N.H.34 then near NAAF Dana Factory tire of his motor cycle was punctured and became slow then another two wheeler bearing No:W.B60K/9625 dashed on the back side of Prasenjit’s motor cycle as a result Prasenjit got seriously injured on fall at metal road & taken to Raiganj Govt. Medical College & Hospital, then admitted at Malda Dishari from where he was referred to Kolkata but on the way to Kolkata his condition became serious then he was admitted to Krishnanagar Glocal Hospital where he died on 22.06.2022.
That Petitioner’s No:1’s brother-in-law Kanta Barman lodged a written complaint dated 24.08.2022 in the Court of Ld. C.J.M, Uttar Dinajpur U/s 156 (3) of CRPC against vehicle No:W.B60K/9625, registered as case No:1089/2022, corresponding to GR Case No:2249/22, U/s 379, 304(A) of IPC & Charge Sheet No:1105/22, dated 28.09.2022, U/s 379, 304(A) of IPC was submitted against the driver of the vehicle bearing No:W.B60K/9625.
That thereafter, it was informed to the O.P/concerned authority over telephone in Toll Free No:18001035354 & they assured the petitioner that they will take necessary action in the matter as early as possible but no tangible effect was found in spite of several request of the petitioners. Thus on 13.06.2023 a legal notice was sent to the O.P claiming PA cover of the deceased but till date O.P did not make payment in spite of submission of all relevant documents, thereby petitioners have been suffering from financial loss, mental pain and agony. Hence, they pray for getting PA cover of Rs.15,00,000/- being death benefit, compensation of Rs.1,00,000/- for harassment, mental pain and agony & litigation cost of Rs.50,000/-.
O.Ps contested the case by filing W.V stating that the vehicle bearing No:W.B60X/4341 of Prasenjit Barman was insured with O.P valid from 26.07.2021 to 25.07.2024 along with PA coverage Rs.15,00,000/- for the owner cum driver subject to terms, conditions and exclusions mentioned in the insurance policy. That the petitioners did not intimate the incident to the O.P within stipulated time so Insurance Company could not get any opportunity to investigate alleged loss & accidental death of Prasenjit Barman dated 30.05.2022. O.P/Insurance Company sought necessary documents for processing claim on merits but in vain. Petitioners did not furnish required documents relating to alleged accident & thereby violated the terms & conditions of the policy. At the time of accident the alleged vehicle was being driven by the driver without effective DL, due to non-submission of necessary documents O.P could not settle the claim, so the complaint is liable to be dismissed.
Points for consideration is:-
- Whether there was any negligent act or deficiency in service on the part of the O.P/Insurance Company which gives rise cause of action to file the complaint and the petitioners are entitled to get the claim?
D e c i s i o n w i t h r e a s o n s
Admittedly, Prasenjit Barman, husband of Petitioner No:1 & son of Petitioner No:2 was the owner of vehicle/motor cycle bearing No:W.B60X/4341 & he got the motor cycle insured including PA cover of Rs.15,00,000/- of owner cum driver vide Policy No:3397/02643665/000/00 valid from 26.07.2021 to 25.07.2024 from the O.P.
The case & evidence of Petitioner No:1 is that on 30.05.2022 at about 9:30 AM when Prasenjit Barman was driving his motor cycle coming from Raiganj (Siliguri More) to Itahar through N.H.34 & reached near NAAF Dana Factory, tire of his motor cycle was punctured and his motor cycle became slow, then another two wheeler bearing No:W.B60K/9625 dashed on the back side of Prasenjit’s motor cycle, as a result Prasenjit got seriously injured on fall at road & taken to Raiganj Govt. Medical College & Hospital, then admitted at Malda Dishari, from where he was referred to Kolkata but on the way to Kolkata his condition became serious & then he was admitted to Krishnanagar Glocal Hospital where he died on 22.06.2022.
Documents produced by petitioners (at the time of argument) show that Petitioner No:1’s brother-in-law(bhasur) Kanta Barman lodged a written complaint to the Inspector-in-Charge, Raiganj Police Station dated 23.06.2022 regarding the incident/accident and fateful death of his brother Prasenjit Barman due to rash & negligent driving of the driver of another vehicle bearing No:W.B60K/9625, later submitted another written complaint to the Superintendent of Police, Raiganj Police District dated 27.06.2022 for non-action of Police of Raiganj P.S & finding no fruitful result Kanta Barman lodged a written complaint in the Court of Ld. C.J.M, Uttar Dinajpur U/s 156 (3) of CRPC against vehicle No:W.B60K/9625, registered as FIR/Case No:1089/2022, dated 24.08.2022 corresponding to GR Case No:2249/22 U/s 379, 304(A) of IPC & Charge Sheet No:1105/22 dated 28.09.2022 U/s 379, 304(A) of IPC was submitted against the driver of the vehicle bearing No:W.B60K/9625.
The case & evidence of Petitioner No:1 is that it was informed to the O.P/concerned authority over telephone in Toll Free No:18001035354 & Petitioner No:1 was told that they will take necessary action as early as possible but no tangible effect was found in spite of her several request.
Documents produced by petitioners show that Petitioner No:1 on 13.06.2023 informed the O.P/Authority concerned of Insurance Company that her husband died in a road accident on 22.06.2022, so she requested the O.P to settle the claim of her husband’s accidental death as early as possible, sent through registered post & item was delivered (addressee) on 16.06.2023.
O.P admits that the vehicle bearing No:W.B60X/4341 of Prasenjit Barman was insured with O.P valid from 26.07.2021 to 25.07.2024 along with PA coverage Rs.15,00,000/- for the owner cum driver subject to terms, conditions and exclusions mentioned in the insurance policy.
Main objection of the O.P is that the petitioners did not intimate the incident to the O.P within stipulated time & did not furnish required documents & thereby violated the terms & conditions of the policy & at the time of accident alleged vehicle was being driven by the driver without effective DL, so Insurance Company could not get any opportunity to investigate alleged loss & accidental death of Prasenjit Barman & could not settle the claim.
From case record we find that some documents required for processing & settlement of claim including effective DL in name of Prasenjit Barman were filed by the petitioners.
It is not disputed that for non-settlement of her claim she and her mother-in-law being legal heirs of Prasenjit Barman have been compelled to lodge this case on 07.09.2023.
Under above facts and discussion, we are of the opinion that the O.P/ concerned authority may be directed to pay sum of Rs.15,00,000/- as death benefit of Prasenjit Barman (equivalent to PA Cover) but for delayed submission of other required documents (filed in court) the petitioners are not entitled to get any amount towards compensation & litigation cost.
In the result the case succeeds.
Hence, it is
O R D E R E D
that the C.C-42/2023 be and the same is allowed on contest against O.P with cost.
We do direct O.P/concerned authority to pay a sum of Rs.15,00,000/- to the petitioners for accidental death benefit of Prasenjit Barman within 01 month from the date of the order i.d it shall carry interest @6% pa till realization in full & the petitioner is at liberty to take due course of Law.
Let a copy of this order be given to the parties free of cost.
