DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 407 of  2022

 

Sri Dhaneswar  Nath,

S/O- Lt. Chittaranjan Nath,

Jangalia, P.O. & P.S. Bishalgarh,

District- Sepahijala- 799102. …...........Complainant.

 

 

-VERSUS-

 

 

1. The Divisional Manager,

New India Assurance Company Ltd.,

Divisional Office,

4 Mantribari Road,

Agartala P.O. Agartala,

P.S. West Agartala,

District- West Tripura-799001.

 

2. The New India Assurance Company Ltd.,

Represented by its Divisional Manager,

Divisional Office, 

4 Mantribari Road, Agartala, P.O. Agartala,

P.S.- West Agartala,

District- West Tripura-799001. ...........Opposite Parties.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

 

C O U N S E L

 

For the Complainant : Sri Diptanu Debnath,

`   Sri Kumar Sankar Sarma, 

  Learned Advocates. 

 

For the O.P. No. : Sri Gitangshu Sekhar Das,

   Learned Advocates.

 

 

 

ORDER  DELIVERED  ON:   15/03/2023.

 

F I N A L    O R D E R

  This petition U/S 35 of the Consumer Protection Act, 2019 has been preferred by Dhaneswar Nath claiming compensation as he sustained injuries on 30.03.2021 riding his 2 wheeler. He was hospitalized and ultimately shifted to G.B. Hospital, Agartala. The 2 wheeler was duly insured with New India Assurance Co. Ltd. He claimed compensation with O.P. Insurance Company but they refused to pay compensation. 

Hence, this complaint.

2. The O.P. Insurance Company duly submitted Written objection on the ground that as per policy the complainant is not entitled to any compensation.

 

3. The following point is taken up for discussion and decision:-

(i) Whether the complainant sustained any injuries covered under the policy of Personal Accident coverage?

4. DECISION AND REASONS FOR DECISION:-

From the month of September, 2018 as per IRDA the terms and conditions of policy are as follows:-

(i) The policy holder is entitled to the entire amount that is 100% in case of death. (ii) again 100%  in case of loss of 2 limbs or sight of 2 eyes or 1 limb and sight of 1 eye (iii) loss of 1 limb or sight  of 1 eye in that case 50% of the total sum and (iv) permanent total disablement from injuries other then mentioned in the 3 cases above.

5. Even if, the complaint of the complainant is admitted to be correct and true then also the case of the complainant is not covered under the scheme discussed above.

6. What necessarily follows is that the complainant is not entitled to any compensation under P.A. Coverage.

  This point is decided accordingly.

7. In the result, the complaint of the complainant is dismissed however, without cost.

The case stands disposed off. 

Supply a copy of this Final Order free of cost to the complainant and the Opposite party.

 

Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.