DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 174 of 2022.

 

1. Shri Ananda Sagar Chakma,

S/O. Shri Harish Chandra Chakma,

Resident of Tilak Para, P.O.-Mainama,

P.S.-Chailengta, Pin-799275,

Dist. Dhalai Tripura....................…....….......................Complainant.

 

-VERSUS-

 

1. The Liberty General Insurance Co. Ltd. 

(Represented by it's Branch Manager) 

Building No.543, First Floor, Math Chowmuhani,

College Road, P.S.-East Agartala,

Dist.-West Tripura, Pin-799004.................................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. : None appeared.  

 

F I N A L     O R D E R

1. The case of the Complainant is that he obtained policy of Insurance from the O.P. for his motor bike No.TR-02/H-5611 for the period 22/06/2021 to 21/06/2026. 

2. On 22/01/2022 at 2.30 P.M. at Bishnu Debbarma Para on Assam – Agartala Road meet an accident to save an old lady and he sustained injuries. He was shifted to hospital. He was admitted in G.B. Hospital from 23/01/2022 to 12/03/2022. 

3. Manu P.S. G.D. Entry No.33 dated 08/02/2022 was lodged. He claimed compensation for his injury and damage of the bike but the O.P. Company verbally intimated that his claim will not be settled. Hence, he has filed this complaint seeking compensation with interest.  

4. Inspite of receiving summon and repeated chance the O.P. failed to submit W.O. As such vide order of date 12/08/2022, the case has been proceeding ex-parte against the O.P. 

5.  On 06/03/2023 and 18/04/2023 complainant prayed for time to argue the case. Again on 05/07/2023 the complainant prayed for adjournment for argument. On 12/05/2023 & 20/07/2023 both the parties are found absent without step. Hence, argument is closed. We shall pass final order on merit.  

 

6. The following points are taken up for discussion and decision:-

The Complainant has submitted the Policy of Insurance covering the accident and paid premium for Rs.1,00,000/- as P.A. coverage for one person but has not paid premium for owner driver. He has submitted driving licence for the period 21/11/2019 to 20/11/2029. He has also submitted a copy of G.D. Entry and a copy of Discharge Summary of AGMC & GBP Hospital, Agartala showing amputation of 1st toe at TMT joint and 2nd toe. However he has not submitted any disability certificate from the medical board.

8.        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.     

9. 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 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. 

  In the result the case of the Complainant is dismissed. However without cost. 

       Supply copy of this final order to both the parties  free of cost.       

 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.