Arindam Chanda,

22E Northern Avenue,

Kolkata – 700030,

P.S. Chitpur, PIN- 700030, ---------------------------------------------------- COMPLAINANT.

-          Versus   -

The Divisional Manager,

The New India Assurance Company Ltd.,

Howrah Branch Unit no. 512200,

Madhusudan Apartment,

P-18, Dobson Lane ( 2^nd floor ), P.S. Golabari,

Howrah – 711101.-------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant U/S 12 of the C.P. Act, 1986

wherein the complainant has  prayed for direction upon the o.p. to release the accidental claim of Rs. 50,000/- and compensation of Rs. 1 lakh for mental pain and agony and litigation costs of Rs. 10,000/- as the O.P. in spite of receiving the claim form submitted by the complainant has been sitting tight over the same.

2.                  The o.p., New India Assurance Company Ltd.  in their  written version

contended interalia that the complainant is not a field worker of the G.T.F.S.  as claimed and as such he is not entitled to the insured sum. So the complaint should be dismissed.

3.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.      Both the points are  taken up together for consideration. Admittedly the policy

being no. 4751220001799/E No. 47-30861 was issued by the O.P. company in favour of the complainant and the same was to remain in force since 23-06-2000 till 22-06-2015; admittedly the sum insured is Rs. 1 lakh. The report of the S.I. Maidan P.S. confirms that the complainant met with an accident on 28-02-2011 at about 11.45 a.m. while alighting from a private bus route no. 30/C near Red Road and Mayo  Road Junction. He was shifted to Medical College & Hospital and thereafter to a private nursing home for treatment for his broken arm and left eye.  Subsequently he had to receive prolonged treatment for his injured left eye.  

5.      Since the accident is not disputed and the complainant has insure policy covering

accidental benefit the O.P. company cannot repudiate the bonafide claim on the fragile plea that he is not a field worker. Once the certificate was issued the O.P. company cannot escape from the rigours of law. It is a fit case where the prayer of the complainant shall be allowed.  

      Both the points are accordingly disposed of.      

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No.  173 of 2013 ( HDF 173  of 2013 )  be  and the same is allowed on contest with costs against the O.P.

      The O.P. be directed to release the claim amount of Rs. 50,000/- to the complainant together with interest since 23-03-2012 till full satisfaction.

      The o.p. do  pay a compensation of Rs. 20,000/- to the complainant  for causing mental pain and prolonged harassment and litigation costs of Rs. 3,000.

      The complainant is  at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F.,Howrah.