Haryana

Charkhi Dadri

CC/42/2024

Rajesh - Complainant(s)

Versus

The New India Assurance Company Ltd - Opp.Party(s)

Smt. Suman

15 Mar 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI. 

 

                                                                        Complaint No.         42 of 2024                                                                                                          Date of Institution:  12.03.2024

                                                                        Date of order:     :  15.03.2024

 

Rajesh son of  Meer Singh, aged about 42 years and permanent resident of villag and post office Jewali, Tehsil Badhra and District Charkhi Dadri. Mobile No.9813298242

..Complainant.

                                                            VERSUS

1. The New India Assurance Company Ltd. Through its MD/CEO, Regd. And Head Office, New India Building, 87, Mahatma Gandhi Road, Fort, Mumbai-400001.
2. Senior Divisional Manager, The New India Assurance Company Ltd, Rohtak Division Office,313, Delhi Road. Model Town, Rohtak-124001.
3. Branch Manager, The New India Assurance Company Ltd, DC Chowk, Jalandhar Road, Kapurthala-124601.

                                                                                                            ..Opposite parties.

Present:           Sh. Anand Singh  Dabas, Advocate for the Complainant.

                                                                       

                        The case is fixed for consideration on the maintainability of the present complaint.

                        Heard. Brief facts of the case are that the complainant is owner in possession of Truck Eicher Pro bearing No. HR-46E-5588, which insured with the OPs vide insurance policy No.36090231220100001055, w.e.f. 13.09.2022 to 12.09.2023.  It is averred that on 09.09.2023, the vehicle in question was met with an accident with a trolla Regd. No. RJ-21GE-2441 near Annpurana Hotel, Samaspur, District Charkhi Dadri.  It is further averred that in the accident conductor and complainant sustained multiple injuries. The Conductor was taken to Civil Hopsital, Charkhi Dadri where he was declared dead and the complainant was admitted in hospital and discharged subsequently. An FIR No.0281 dated 09.09.2023 was lodged with PS Sadar, Charkhi Dadri. The complainant in Clause no.3 of the complaint has mentioned that after accident, the complainant has suffered injuries and first aid in the form of Alcohol applied on injuries and also small quantity of alcohol was also consumed for pain relief/courage purposes. It is further averred that the intimation was given to the OPs regarding accident immediately. After discharge from hospital, the complainant repaired the vehicle by incurring Rs. 500467/- as per instructions of OPs and filed claim for the same with OPs. The OPs repudiated the claim on 16.02.2024.

                        It has been observed from the repudiation letter dt. 16.02.2024 received from Office Incharge NSCH-359005 that the insurance company viz The New India Assurance Company Ltd. Rohtak  repudiated the claim as it was found that the driver-cum-owner/ complainant was under influence of intoxication. The relevant extracts of the repudiation letter are given hereunder :-

                        “On a careful perusal of the documents and information provided by you for the claim, it is found that the driver-cum-owner of the insured vehicle was under the influence of intoxication and fails in the Breath Analyser Test due to over consumption of alcohol with the result of 142 MG/100ML. The MLR  of driver  Rajesh has been conducted vide e no. NK/93GHD/2023dated 09.09.2023 and on Breath Analyser Serial No.G207755 his test report is 142MG/100MG which is not permitted as per the provision of law. The driver of the vehicle if found under the influence of Alcohal then it is a clear cut violation of terms and conditions of the insurance policy as well as Motor Vehicle Act, so he is not entitled for OD claim from the insurance company.

            LAW-The MOTOR VEHICLS ACT, 1988

            Section 185-Driving by a drunken person or by a person under the influence of drugs.”

 The complainant has failed to prove that he was not under influence of alcohol at the time of accident-rather he has admitted in his complaint that alcohol was applied on injuries and consumed by the complainant after the accident as first aid. The onus lies on the complainant to satisfy this Commission with evidences for issuing notice to the OPs which is missing in the present complaint.

                        Hence, prima-facie, we opine that it is not a fit case for summoning of OPs by issuing notice by this Commission. Therefore, the complaint of complainant being not maintainable in the present form, deserves dismissal. Hence, the same is hereby dismissed.             Copy of the order be supplied to complainant free of cost. File be consigned to the record-room.