DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 167  of   2022

 

Sri Tutan Debbarma,

S/O- Late Paresh Debbarma,

Krishnanagar, Agartala,

Badurtali Lane, P.O. Agartala,

P.S. West Agartala, 

West Tripura.    .............Complainant.

 

-VERSUS-

 

United India Insurance Co. Limited,

(Represented by its Divisional Manager),

G.R.S. Tower, R.M.S. Chowmuhani,  

Agartala, P.S. West Agartala, 

District- West Tripura- 799001. .......Opposite Party.

 

   __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  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

 

 

 

 

 

 

 

F I N A L    O R D E R

1. This case is filed U/s 35 of the Consumer Protection Act, 2019 by Sri Tutan Debbarma, of Krishnanagar, Agartala(here-in-after called as the “Complainant”) against the United India Insurance Co. Ltd., R.M.S. Chowmuhani, Agartala(here-in-after called as “the O.P.”) alleging deficiency in service on the part of the O.P.

1.1 The case in brief is that the complainant is the owner of the motor bike bearing No. TR 01/AA-5256 which was duly insured with the O.P. Insurance company  Vide no. 22300031210160180450 for a period of one year i.e., 24.04.2021 to 23.04.2022. 

1.2 On 04.02.2022 at about 06.30 P.M. the complainant met with an accident while riding the said motor bike, TR 01/AA-5256 at Kamting Basti on Assam- Agartala Road.  As a result the  complainant sustained grievous injuries on various parts of the body.  

1.3 He was taken to Champaknagar Hospital and thereafter referred to A.G.M.C. & G.B.P. Hospital, Agartala wherein he was admitted on 04.02.2022 and his treatment is going on till date. His right leg has been broken into pieces and badly damaged. Due to the said accident the complainant become fully disabled and not in a position to move and/ or walk without the help of others. He can not do his day to day minimum works though he was a professional driver. 

1.4 G.D. Entry was registered vide no. 23 dated 04.02.2022 with the O/C, Champaknagar Out-Post, West District, Tripura. 

1.5 Thereafter, the complainant approached to the O.P. Insurance company at Agartala Divisional Office claiming an amount of Rs.18,00,000/- along with all relevant documents for the injuries sustained by him and also for the damage of his motor bike.  

1.6 Demand notice dated 03.03.2022 was also sent but the O.P. did not agree to settle the claim and on 01.04.2022 verbally informed the complainant that they will not settle the claim and the complainant is not entitled to get any compensation from the O.P.

1.7 Hence, the complainant filed this case before this Commission claiming compensation of Rs.18,00,000/- along with interest.

 

2. The O.P. resisted the case of the complainant by filing written statement denying the allegations made by the complainant in his complaint petition by stating that the instant claim petition is not maintainable and it is barred by the principles of estoppels, waiver, acquiescence and admission.

2.1 The main contention of the O.P. is that the accident occurred on 04.02.2022 and the O.P. Insurance company was informed on 03.03.2022 for the first time through Demand Notice. The petitioner intentionally did not approach to the Insurance company immediately after the accident but informed belatedly after one month with ulterior motive. 

2.2 There is no deficiency in service on their part and prayed for dismissal of the complaint petition.  

 

3. The complainant submitted evidence on affidavit along with documents viz: photocopy of discharge certificate, AGMC & GBP Hospital, Registration of the Bike, Insurance Policy, Ezahar/ G.D. Entry no.23 dated 04.02.2022.  

3.1 The O.P. Insurance Company also submitted their evidence on affidavit along with documents namely report of the Investigator and Motorcycle/Scooter Package Policy.

 

4. On the basis of the pleadings, documents submitted by both the parties and hearing arguments following points are taken up for discussion and decision;-

 

Discussion and Decision and reasons thereof:-

5. Both the points are taken up together for discussion and decision.

5.1 There is no dispute regarding the fact of accident. The main contention of the O.P. Insurance company is that the complainant informed the fact of accident to the O.P. Insurance company after one month.

5.2 As per the terms and conditions of the policy:- 

5.3 We have perused the documents submitted by the complainant. There is no document to show that the complainant has become disabled due to the said accident.

5.4 Be that as it may, there is no scope for giving any compensation for the injuries sustained by the complainant. Therefore, it is evident that in the case at hand the complainant is not entitled to any compensation for his injuries.

5.5 Therefore, as per the scope of the policy of personal accident coverage the complainant has not suffered any permanent disability either 100% or 50% in terms of clause (ii) or clause (iii) or either permanent total disablement  with in the meaning of 'clause 4' of the policy. Be it made clear that under P.A. coverage,  insured is not entitled to any compensation either under pecuniary loss or non pecuniary loss as in the case of 3rd party insurance policy under the Motor Vehicle Act, 1988. 

5.6 No document has been produced by the complainant to show the damage of his motor bike.

5.7 Hence, the complainant is not entitled to get compensation for the injuries sustained by him due to the said accident and the damage to his motor bike. 

6. Both the points are decided in the negative. 

 

7. In the result, we do not find any deficiency of service on the part of the O.P. Insurance Co. as the claim of the complainant is not legally maintainable.

8. The case stands disposed off. Supply a copy of this Final Order free of cost to both the parties.

 

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.