DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 08 of 2023.

1. Sri Mangal Chakraborty,

S/O. Late Krishna Chakraborty,

Of Badharghat, Sreepally,

Madhuban, Dukli,

P.O.-Siddhi Ashram, 

P.S.-A.D. Nagar, Pin-799003,

Dist. West Tripura....................…....…...........................Complainant.

 

-VERSUS-

 

1. The Divisional Manager, 

United India Insurance Company Ltd.,

GRS Tower, 1st Floor, RMS Chowmuhani,

P.O.-Agartala, Pin-799001, P.S.-West Agartala, 

Dist.-West Tripura.…...................................................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

For the O.P. : Sri Joydeep Paul,

Sri Mangal Chakraborty, herein after called the Complainant, has filed this complaint against the O.P. claiming P.A. coverage of Rs.15,00,000/- as he meet with an accident on 18/10/2021 while driving his scooty bearing registration No.TR-01-AA-8373. 

2.       He was shifted to Hospital wherein he had to incur expenditure but Insurance Company denied the pay to compensation.   

 

3. Earlier the Complainant filed a case which was dismissed for non-appearance. 

4.  The O.P., Insurance Company contested the case by filing written objection. 

5.  The Complainant has submitted relevant documents including policy of insurance as stating the fact of accident and that his scooty was duly insured the O.P., Insurance Company.  

          

6.  Hearing argument the only point emerge for decision:

  I). Whether for the injuries the Complainant is entitled to any compensation under P.A. coverage?         

7. The Policy of Insurance proved that covering the date of accident the complainant had valid policy covering P.A. coverage for owner driver for Rs.15 lakhs.

    As per the terms and conditions of the policy. 

      (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 named in the 3 cases above. 

8. Be that as it may, there is no scope for giving any compensation for the injuries sustained by the complainant. In fact, this compulsory personal accident covering to the tune of 15 lakhs has come into force by dint of a judgment of Hon'ble Supreme Court in IRDA based regulation with effect from 1st September, 2018. Therefore, it is evident that in the case at hand the complainant is not entitled to any compensation for his injuries.  

9. 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.   10. 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.

  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

 

 

 

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.