Haryana

Fatehabad

CC/289/2023

Nirma Devi - Complainant(s)

Versus

The National Insurance Company Limited - Opp.Party(s)

Davender Kaswan

19 Dec 2023

ORDER

Present:                 Sh.Davender Kaswan, Advocate for complainant.                                       

ORDER

                             Heard on the point of maintainability of the complaint.

2.                          The complainant in her complaint has averred that her son Rohtash is a painter and on 25.08.2023 he was returning home after doing usual work by driving a motor cycle bearing registration   No.HR22U-7750 with the permission of its owner Amit son of Sadhu Ram; that the owner Amit and his younger brother Ram Singh were pillion riders on the motor cycle which was being driven by Rohtash; that when they reached on Kirdha-Dhingsara  road, in the meanwhile, all of a sudden, a nil cow appeared  in front of motor cycle and in order to save her the motor cycle struck into one Ajit Singh, passerby on roadside; that due to this Ram Singh fell down on kacha portion and Rohtash fell down on pucca road ; that in this accident Rohtash sustained injuries and was taken to hospital from where he was referred to MAMC Agroha but in the way he succumbed to the injuries; that post mortem on his body was conducted and intimation was given to Police; that the insured had made extra payment regarding personal accident claim, therefore, as per terms and conditions of policy, the complainant is liable to get compensation and regarding this claim was submitted to the OP besides completing all the necessary formalities but  her claim was repudiated by the Op without any reason. The act and conduct of Ops clearly amounts to deficiency in service and unfair trade practice on the part of Ops.

3.                          Learned counsel for the complainant has argued that the son of the complainant was driving the motor cycle with the permission of its owner which was duly insured and regarding this premium for personal accidental was also paid. It has been further argued that during the subsistence of the policy, the vehicle met with an accident and rider/driver (Rohtash) died due to the injuries sustained by him in the said accident, therefore claim for compensation was lodged with the Op but the same was wrongly and illegally repudiated by it. In support of his arguments, learned counsel for the complainant has relied upon the case laws titled as Ramkhiladi & Anr. Versus UII & Anr. 2020 (3) RLW 2419 (SC), NIC Versus Smt.Shobha etc. MFA No.22705/2013 decided on 11.11.2020 by Hon’ble High Court of Karnataka, UII Versus Gyan Singh & Ors. Revision Petition No.558 of 2018 decided on 25.09.2018 by Hon’ble National Commission, Delhi and HDFC Versus Saraswathi etc. CMA No.2265 of 2013 decided on 21.12.2020 by High Court of Madars High Court.

4.                          The complainant with this compliant has placed on case file repudiation letter dated 06.10.2023. In this very document it has been clearly mentioned that the premium for personal accident claim is issued for driver/owner of the vehicle and the person who was allegedly driving the motor cycle was not related to the policy in question. Admittedly, Rohtash (since deceased) was not the owner of the motor cycle nor the policy was issued in his name and even there is nothing on the case file that the vehicle was being ridden with the permission of the owner of vehicle, therefore, at this stage we do not deem it fit to serve any notice to the Op. The verdict made in the case laws relied upon by the learned counsel for the complainant is not disputed but with due respect the same are being distinguished being not applicable to the case in hand as the decided matters were related to MACT cases. Accordingly, the present compliant is hereby dismissed in limine with no order as to costs with a liberty to the complainant to approach appropriate Court/Forum/ Commission on the same cause of action.  Copy of this order be sent to the complainant free of costs, as per rules. File be consigned to the record room after due compliance. 

Announced in open Commission:                                                      19.12.2023

                                                                                                                                                          Member                President                                                                              District Consumer Disputes                                                                 Redressal Commission, Fatehabad.