Complaint filed on: 07.10.2017
Complaint Disposed on:19.01.2018
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.74/2017
DATED THIS THE 19th DAY OF JANUARY 2018
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT/S:
1. Sri Siddaiah S/o Janaiah,
Aged about 61 years,
2. Smt Nagamma W/o Siddaiah,
Aged about 55 years,
3. Sri Shivaraj K.S S/o Siddaiah,
Aged about 29 years,
All are R/o Kambihalli Village,
Malalur Post, Chikmagalur Taluk.
(By Sri/Smt. V.H.Hoove Gowda, Advocate)
V/s
OPPONENT/S:
The Manager,
Bharathi Axa General
Insurance Co. Ltd.,
1st floor, Central Building,
Opp. Vidyanagar Police Station,
Vidyanagar, Hubli-580021.
(Exparte)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant No.1 to 3 filed this complaint U/s 12 of the Consumer Protection Act 1986 against Op alleging deficiency in service in not settling the personal accident benefit to complainant No.1 to 3. Hence, prays for direction against Op to pay the personal accident benefit of Rs.2,00,000/- along with compensation of Rs.50,000/- for deficiency in service in the interest of justice and equity.
2. The brief facts of the complaint is that:
The son of the complainant No.1 K.S.Venkatesh was the owner of passenger auto bearing registration No.KA-18/B-9694, the complainant no.2 is the mother, complainant no.3 is the brother of the said K.S.Venkatesh. The said K.S.Venkatesh also obtained vehicle insurance policy from Op vide policy No.FCV/S4578926/E6/04/004442 for the period from 06.04.2016 to 05.04.2017. The said son of the complainant No.1 K.S.Venkatesh also had paid additional premium of Rs.100/- for coverage of personal accident benefit to the tune of Rs.2,00,000/-. Such being the case, the said K.S.Venkatesh while returning from Puradhamma Temple, near Hassan at about 08.00 P.M. on 11.12.2016 the said auto met with an accident and said son of the complainant K.S.Venkatesh died at the spot, immediately Halebeedu Police have registered the criminal complaint under C.R.No.317/2016. There afterwards complainants have written a letter to Op insurance company on 23.01.2017 with respect to the death of the said K.S.Venkatesh and requested for settlement of the claim of personal accident benefit of Rs.2,00,000/-, but so far Op has not settled the claim of the complainants. Subsequently, complainants issued a legal notice dated 01.03.2017 and called upon the Op to settle the claim, even inspite of receipt of the legal notice also Op failed to settle the claim. Hence, Op rendered a deficiency in service in not settling the personal accident benefit to the complainants and prays for direction against Op to settle the claim to the tune of Rs.2,00,000/- along with compensation of Rs.50,000/- for deficiency in service as prayed above.
3. After service of notice Op not appeared before this Forum to answer the allegations made by complainants. Hence, Op placed exparte.
4. Complainant No.1 filed affidavit and marked Office copy of legal notice as Ex.P.1, Postal acknowledgment due as Ex.P.2, Policy issued by Op towards vehicle bearing registration No.KA-18/B-9694 as Ex.P.3, Certified copy of FIR filed by Halebeedu Police as Ex.P.4, Police complaint given by one Shivaraj as Ex.P.5, Death Certificate of K.S.Venkatesh, son the complainant no.1 as Ex.P.6, Permit issued by RTO, Chikmagalur in the name of said deceased K.S.Venkatesh as Ex.P.7, R.C. stand in the name of deceased K.S.Venkatesh as Ex.P.8 and Post mortem report as Ex.P.9 in support of his claim.
5. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is a Deficiency in Service on the part of Op?
- Whether complainant 1 to3 entitled for any relief & what Order?
6. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
7. On going through the pleadings, affidavit and documents produced by complainants we are of the opinion that, there is no dispute that the son of the complainant K.S.Venkatesh was the owner of Auto bearing registration No.KA-18/B-9694 and there is also no dispute that the said auto was insured with Op company, the policy bearing No. No.FCV/S4578926/E6/04/004442, which is valid from 06.04.2016 to 05.04.2017 as per Ex.P.3. The FIR marked as Ex.P.4 discloses that the son of the complainant No.1 on 11.12.2016 met with an accident and died at the spot, at the time of accident the said K.S.Venkatesh was driving the said auto, even the post mortem report also reveals the said fact. After death of the said K.S.Venkatesh complainants have wrote a letter to Op and intimated with respect to the death of the said K.S.Venkatesh and requested for settlement of claim. Further the complainant No.1 sworn affidavit that, Op had not settle the claim, for which they have issued legal notice as per Ex.P.1 for settlement of the claim. The said notice was served on Op as per Ex.P.2. We observed that, after receipt of the legal notice Op have not made any attempt to correspond with complainants with respect to the settlement of claim, even Op has not appeared before this Forum to answer the allegations made by complainants towards deficiency in service. This attitude of Op clearly goes to show that they are very negligent in settling the claim of the complainants.
The policy issued by Op which is marked as Ex.P.3 discloses that, they have covered the personal accident benefit to owner/driver of the vehicle. Here in this case the son of the complainant no.1 was driving the auto and also he was the owner of the said auto, who died on the spot in the accident. This is sufficient to establish that the complainants being the legal representatives of the deceased K.S.Venkatesh are entitled to get personal accident benefit of Rs.2,00,000/-, the complainants have produced available documents with respect to the vehicle. Hence, it is a clear case of deficiency in service on the part of Op in not settling the claim of the complainants. Therefore, Op is liable to settle the claim to the tune of Rs.2,00,000/- under the head of personal accident benefit to the complainants and Op is also liable to pay a compensation of Rs.10,000/- for deficiency in service in not settling the claim of the complainants as soon as they received the request and legal notice of the complainants along with litigation expenses of Rs.1,000/- to the complainants. As such for the above said reasons, we answer the above Point No.1 and 2 in the Affirmative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is partly allowed.
- Op is directed to settle the personal accident benefit to the tune of Rs.2,00,000/- (Two Lakh Rupees) to the complainant No.1 to 3 along with compensation of Rs.10,000/- (Ten Thousand Rupees) for deficiency in service and litigation expenses of Rs.1,000/- (One Thousand Rupees) to the complainant No.1 to 3 within one month from the date of receipt of this order, failing which the payable amount shall carry interest @ 9% P.A. till realization.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 19th day of January 2017).
(B.U.GEETHA) (H.MANJULA) (RAVISHANKAR)
Member Member President
ANNEXURES
Documents produced on behalf of the Complainant/S:
Ex.P.1 - Office copy of legal notice.
Ex.P.2 - Postal Ack. due.
Ex. P.3 - Insurance Policy.
Ex. P.4 - FIR.
Ex. P.5 - Police Complaint.
Ex.P.6 - Death Certificate.
Ex.P.7 - Permit.
Ex.P.8 - R.C.
Ex.P.9 - Post Mortem Report.
Documents produced on behalf of the OP/S:
NIL
Dated:19.01.2018 President
District Consumer Forum,
Chikmagalur.
RMA
