By Sri. K. Mohammed Ali, President,
Facts in brief:-
1. This is a complaint filed by the legalheirs of the deceased Sri. Ayamkudy Ali, who met with a Road Traffic Accident involving his mini lorry No.KL10-U-2431 on 18-07-2006 at Cheruppa, while the vehicle was carrying fishes and driven by one Mr. Mohan Das. The vehicle was insured with opposite party, who repudiated the claim on the ground that the R.C. Owner ie., Mr. Ali was not having a valid driving license at the relevant time. The own damage premium was remitted with opposite party. Hence this complaint.
2. The opposite party in his version is vehemently opposing the complaint stating that, to get any compensation to the owner he should hold an effective driving license and he should be the driver at the time of accident. So it was repudiated.
3. The main question that arises for our consideration is as follows:-
(i) Whether the opposite party is deficient in service.
(ii) Relief if any.
4. Point No.(i) & (ii):-
A delay condone petition filed by the complainant was allowed. The accident during the currency of the Insurance period and the demise of Mr. Ali in the accident was admitted by opposite party. The criminal case charge sheeted by the City Traffic Police, Calicut is also admitted. The documents, Ext.A1 to A9 were marked on behalf of the complainant and Ext.B1 series was marked by opposite party. The complainant approached the Motor Accident Claim Tribunal and the order is marked as Ext.A7. It reveals that the complainant has filed I.A. seeking permission to withdraw the claim to realize the compensation either by approaching the Insurance Company directly or taking up the matter before this Forum on the basis of the policy insurance and this I.A. was allowed by Motor Accident Claim Tribunal Court. Since the Insurance Company is not prepared to settle the claim amicably, the complainant approached this Forum. In B.V. JAGARAJU Vs. Oriental Insurance Company Ltd., the Apex Court observed that Insurance Companies have been found to be repudiating even the insurance claim on flimsy ground and on a number of occasions the Courts have depreciated such practice.
5. At the time of accident, the complainant 3, 4, and 5 was minor and they were studying in school classes. It is stated that the first complainant is a Senior Citizen aged about 73 years old ailing from chronic illness. The second complainant is the widow due to the traffic accidental death of the deceased the bright future of the children doomed in darkness.
6. All the conditions stated in the policy form is not acceptable. Most of the people are not in a position to read and understand the terms and conditions printed in tiny letters which are microscopic in nature. Most of the insurance companies are doing research in the subject how to repudiate the claim. In most of the cases, the policy forms are filled by Insurance agents.
7. On analysing the evidence, we came to the conclusion that the opposite party is deficient in service by repudiate the claim of the complainant in toto.
8. In the result, we are allowing the complaint in part and we order that the opposite party shall pay Rs.2,00,000/-(Rupees Two lakhs only) to the complainant with interest @ 10% per annum from the date of complaint till the date of payment within one month from the date of receipt of the copy of this order.
Dated this 6th day of June, 2015.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A9
Ext.A1 : True copy of the certificate-cum-policy schedule issued by opposite party to Complainant's hushand.
Ext.A2 : Request dated, 01-09-2006 by second complainant to opposite party.
Ext.A3 : Photo copy of the FIR issued by City Trafffic Police, Kozhikkode City.
Ext.A4 : True copy of Postmortem Report dated, 18-07-2006 from Medical College, Calicut.
Ext.A5 : Photo copy of the Certificate of Registration in respect of vehicle No.KL10-U-2431
Ext.A6 : True copy of the Legal Heirship Certificate.
Ext.A7(series) : True photo copy of the Order dated, 08-08-2012(2 in number) of Judge,
Motor Accident Claim Tribunal, Manjeri.
Ext.A8 : True copy of the Driving Licence issued from RTO., Malappuram to Mohandas.C.
Ext.A9 : Photo copy of the charge sheet issued from the City Traffic Police,
Kozhikode City against the driver Mohandas.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1(series)
Ext.B1(series) : Commercial Vehicles Package Policy.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER MINI MATHEW, MEMBER
