Haryana

Ambala

CC/155/2018

Sunita Rani - Complainant(s)

Versus

The ICICi Lombard Motor Insurance Co. - Opp.Party(s)

17 May 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                          Complaint case no.        :  155 of 2018

                                                          Date of Institution         :  11.05.2018

                                                          Date of decision   :  17.05.2019

 

 

Smt. Sunita Rani age 52 years wife of Shri Rajesh Kumar, resident of House No.1055, Baldev Nagar, Ambala City.

 

…. Complainant.

                                                          Vs.

 

1.       The ICICI Lombard General Insurance Company Ltd., Ambala Cantt.

2.       The ICICI Lombard General Insurance Company Ltd. 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabha Devi, Mumbai- 400025

 

.…. Opposite Parties

  

 

Complaint Under Section 12 of the Consumer Protection Act

 

 

Coram:       Ms. Neena Sandhu, President.

Ms. Ruby Sharma, Member.

Sh. Vinod Kumar Sharma, Member.

 

                            

Present:       Sh. Vivek Vaid, Advocate, counsel for complainant.

Sh. Rajesh Kumar, Advocate, counsel for the OPs.

 

Order:         Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties(hereinafter referred to as ‘Ops’) praying for issuance of  following directions to them:-

1. To release the claim amount of Rs.1,00,000/- to the complainant alongwith interest.   
2. To pay of Rs.20,000/- as compensation for mental agony and physical harassment suffered by her. 
3. To pay litigation costs.

Or

any other relief whichthis Hon’ble Forum may deemfit.

The brief facts of the complaint are that the complainant is owner of motor cycle Hero Splendor bearing Regn. No. HR-01AP-8294 and the same was insured with the OPs vide policy/certificate no. 3005/ 32765604/11580/000 dated 21.06.2016 for a period from 21.06.2016 to 20.06.2017. On 03.05.2017, the son of complainant namely Vishal Sharma was going from Ambala City to Ambala Cantt by driving the said motor cycle bearing Reg. No.HR-01AP-8294 on the correct left side of the road at a moderate speed. Kishore and Dinesh Sharma were the pillion riders on the said motor cycle. At about 10.00 pm, when they reached at G.T.Road in front to Jandli Flyover, the motorcycle got unbalanced and struck against the divider, as a result whereof, all the riders of the motorcycle namely Vishal Sharma, Kishore and Dinesh Sharma fell down alongwith the motorcycle. Vishal Sharma and Kishore sustained multiple, grievous injuries on head, chin, nose and ear and became unconscious. Ambulance was called by Dinesh Sharma. Both the injured were taken from the spot to General Hospital, Ambala City, where the doctor declared Vishal Sharma brought dead and referred Kishore to GMCH, Sector-32, Chandigarh and later on was taken to PGI, Chandigarh, where he died during the treatment. Regarding the said accident, FIR No. 0120/2017 under Section 279/304-A IPC was got registered at Police Station Parao (Ambala). Compulsory PA cover for owner and driver and optional PA cover for unnamed passenger and unnamed driver was taken by paying an amount of Rs.50 & Rs.7/- respectively. The complainant apprised the OPs regarding the accident in which the son of the complainant died and asked to pay Rs.1,00,000/- as compensation as per policy but the OPs did not release the said amount in favour of the complainant. Thereafter, complainant sent a registered AD notice through her counsel to the OPs on 06.03.2018 but OPs did not reply the same. Due to nonpayment of claim amount by the OPs, the complainant has suffered financial loss and mental agony. Hence,  the present complaint.

2.               Upon notice OPs, appeared through counsel and filed written version raising preliminary objections qua complaint is not maintainable; not come with clean hands; suppressed the material facts; misjoinder and non joinder of the necessary parties. On merits, it is stated that as per the rules and regulations the complainant had to submit all the requisite documents to the concerned office of OPs for settlement of the claim, but she has not submitted the requisite documents. Until and unless the complainant does not submit the requisite documents, the OPs are not in a position to process the claim.  The complainant has neither intimated about the accident nor submitted the requisite documents with the OPs, therefore, they cannot said to be deficient  in providing services to the complainant and prayed that the complaint be dismissed with special cost.

3.               To prove her version complainant tendered his affidavit Annexure C/A alongwith documents as Annexure C-1 to C-7 and closed the evidence. The learned counsel for the OPs has tendered affidavit of Sh. Nishant Gera, Authorized Officer/Manager Legal of the ICICI Lombard Insurance Co. Ltd., Annexure OP/A alongwith documents, Annexure OP-1 and closed the evidence.

4.                We have heard the learned counsels for the parties and carefully gone through the case file.

5.                The learned counsel for the complainant has argued that the motor cycle in question was duly insured with Ops for the period from 21.06.2016 to 20.06.2017. On 03.05.2017, the said motor cycle met with accident when it was being driven by Vishal Sharma, son of the complainant and Kishore alongwith Dinesh Sharma were riding on it. Unfortunately, in the said accident, the son of the complainant and Kishore died. FIR dated 04.05.2017 was got registered with the police. Information regarding the accident was given to the OPs and also lodged the claim with the OPs. But the OPs did not pay claim amount to the complainant till yet. On the contrary, the learned counsel for the OPs argued that the complainant has not submitted the requisite documents with the OPs, therefore they are not in a position to process the claim. The complaint filed by the complainant deserves dismissal with cost. No document has been produced by the complainant regarding furnishing/submission of the requisite documents with the OPs for settlement of the claim. Thus, in the absence thereof, the complainant has failed to prove the factum of furnishing of requisite documents with the OPs. Facing with this situation, we dispose of the present complaint with the direction to the complainant to furnish the requisite documents with the Ops, within two weeks from the date of receipt of the certified copy of this order. The OPs shall settle the claim within one month, after receiving the documents from the complainant. Certified copies of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 17.05.2019

 

 

 

 

          (Vinod Kumar Sharma)    (Ruby Sharma)     (Neena Sandhu)

              Member                          Member                 President