Jharkhand

Bokaro

CC/50/2021

Biplab Kumar Mandal - Complainant(s)

Versus

The Divisional Manager, Digit General Insurance Ltd. - Opp.Party(s)

R.E. Chouhan

24 Aug 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-08-12-2021

Date of final hearing-24-08-2023

 Date of Order-24-08-2023

Case No. 50/2021

Biplab Kumar Mandal S/o Madan Chadnra Mandal,

 R/o DS/II-139D, Diesel Colony, Near Kali Mandir,

P.O. and P.S.- Balidih, Bokaro

                                      Vrs.

1. The Divisional Manager, Go Digit General Insurance ltd.

Add- Atlantis, 95, 4^th B-Cross, Road Kormangala Industrial Layout, 5^th Block, Bengalure, Karnataka- 560095

2. The Divisional Manager, National Insurance Co. Ltd,

R/o C-27, Shila Sadan, Sector-4, B.S.City, Bokaro

3. Sanjay Kumar Gope, S/o Upendra Nath Gope,

R/o Village- Barajore, Tola- Mantand, Siyaljori,

P.O. and P.S.- Siyaljori, Bokaro

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant has filed this case with prayer to direct the O.P. to pay Rs. 2,15,000/- with 12% interest on account of hospitalization, economical loss and compensation due to motor vehicular accident occurred and further for payment of Rs. 30,000/- as compensation and Rs. 15,000/- as litigation cost.
2. Case of the complainant in short is that he is owner of the motorcycle bearing registration No. JH-09-Z-3842 insured with O.P. No.2 (National Insurance Co. Ltd.) for the period from 10.03.2020 to 10.03.2021 meanwhile on 13.01.2021 he met with an accident during which Trailer bearing registration No. JH-09AL-1290 dashed with motorcycle of the complainant for which Siyaljori P.S. Case No. 07/2021 U/s 279, 438, 427 IPC has been registered. Further case is that due to said accident complainant faced several injuries and his motorcycle also got damaged accordingly he got repaired the motorcycle and paid Rs. 55,000/- as repair charge and he was admitted in K.M. Memorial  Hospital, Chas from 20.01.2021 to 26.01.2021 and discharged on 26.01.2021, in this way due to hospitalization he was unable to attend his office causing economical loss of Rs. 1,60,000/- including the medical expense. Further he suffered with several other problems for which Rs. 55,000/- compensation has been assessed and claimed. Further case is that inspite of repeated requests claim has not been settled hence this case has been filed with above mentioned prayer.
3. O.P. No.1 Go Digit General Insurance Co. Ltd. has filed W.S. mentioning therein that the complainant deliberately did not inform the Police and Insurance co. within reasonable time with intention to lodge false and concocted claim. Further reply is that it is apparent from the treatment papers that first aid of the complainant was done on 18.01.2021 and thereafter, he was referred to K.M. Memorial Hospital on 20.01.2021 but complaint petition is disclosing the fact that occurrence of accident was occurred on 13.01.2021 in this way case of the complainant is full of doubt who has not given information to the Police in time. Further reply is that any compliant for sustain injury/death arising out of an accident can be filed before the Motor Accident Claim Tribunal under Motor vehicle Act. Hence this Commission is having no jurisdiction to entertain this case. Hence it is prayed to dismiss the case.
4. As per W.S. of O.P. No.2 National Insurance Co. Ltd. in respect to claim of the complainant he was repeatedly requested by this O.P. through letter dt. 21.09.2021 to deposit the bills and other document related to repair of the vehicle and bank details within 7 days for processing of the claim but he has not compiled it. Further reply is that apart from written requests verbally and telephonically also complainant was requested to submit those papers but he failed to file it. Hence it is prayed to dismiss the case.
5. Point for determination is whether complainant is entitled to get relief as claimed?
6. On perusal of para 8,9 & 12 of the complaint petition it appears that complainant has not specifically pleaded for reimbursement of repair cost of the vehicle. As per complaint petition occurrence of accident was occurred on 13.01.2021 and FIR has been registered on 01.03.2021 with delay of about 3 months, however, said FIR was registered on the basis of complaint case which was filed on 28.01.2021 with delay of 15 days from the alleged occurrence.
7. The treatment paper submitted by the complainant show that for the first time complainant was treated on 18.01.2021 in this way it is apparent that there is no nexus between the date of treatment and date of accident causing injury to the complainant. This fact alone showing serious doubt about fairness related to the claim of the complainant. However, it is apparent from the complaint petition itself that claim has been made for compensation on account of injuries sustained during motor vehicular accident for which Motor Vehicle Claims Tribunal is having jurisdiction to decide it. However, there is no any evidence on record to show that on which basis complainant is claiming Rs. 2,15,000/- as compensation.
8. In light of above discussion we are of the view that complainant has failed to prove his case for grant of relief as prayed. Accordingly this case is being dismissed with cost.

Sd/-

(J.P.N. Pandey)

                                                                                      President

 

Sd/-

(B.P.L Das)

   Sr. Member

                                                                            

          Sd/-

                                                                                         (Baby Kumari)

                                                                                       Member