Consumer Case No CC/19/22

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

Consumer Case No. CC/19/22

         Registered on. 23/01/2019

         Decided on.    30/12/2022

                1.  Shrimati Hurbano Shekhmiyan

                      Age – 58 yr, Occupation – Housewife

                    R/o Mahagaon Kasaba, Tal Darhva,

                    Dist. Yavatmal

                                                                                 ..... Complainants

   Versus

                    1.  Oriental Insurance Company Ltd.

                        Through Branch Manager,

     R/o Vishwas, Vir Wamanrao Chowk,

     Yavatmal, Dist.Yavatmal

   ..... Opponent

Before

                    Hon’ble Shri Nandkumar M. Waghmare, President

                    Hon’ble Shri Hemraj L. Thakur, Member

Appearances

Adv. G.K. Chavan, For complainant

Adv. Shital Jaiswal For Opponent

JUDGEMENT

(Delivered on 30/12/2022)

Hon’ble President Shri Nandkumar M. Waghmare

1. This is a complaint under section 12 of Consumer Protection Act, 1986 for seeking insurance claim.

2. The Complainant’s case in nutshell is that :-

The complainant is resident of Mahagaon, Tal.Darvha, Dist Yavatmal. Deceased Mohsin was unmarried and son of complainant.  Deceased Mohsin  is having no legal heirs other than the complainant. One Sagar Vitthalrao Gujlwar has purchased Appe Auto bearing registration no  MH 29 V 9827. He had deposited premium of Rs.3314/- and valid insurance period of the policy was in between 10/11/2014 to 09/11/2015. In this insurance policy personal accident and unnamed passangers were covered. By taking extra premium of Rs. 150/- and insurance covered was for the tune of Rs.1/- lakh.

3.  The complainant’s further case is that on 29/3/2015, at about 10 p.m. deceased Mohsin was travelling from the Appe Auto and it met to an accident. Deceased Mohsin  sustained multiple injuries. He was referred to Darvha Government Hospital but he was shifted to Yavatmal Government Hospital.  

4.  The complainant further alleged that she has filed MACT no 25/15. (Now that MACT case is decided). The complainant was not aware about PA cover note but now getting knowledge of it, she has issued notice to the opponent-insurance company. But no compensation was granted. Hence it is urged to grant compensaton of Rs.1/- lakh with interest.

5.   The opponent insurance company has resisted the complaint by filing its say below ex.9. It is submitted that in MACT Case No. 25/2015, it was observed by the tribunal that there was breach of terms & conditions of policy. No compensation was saddled on the insurance company. In that case, the compensation of Rs. 5,84,342/- was granted. But the insurance company was directed to pay the compensation and recover it from the owner of the vehicle. Therefore, the complainant is not entitled for any compensation. It is urged to dismiss the complaint.

6. The complainant’s has filed Xerox copies of insurance policy, FIR, Inquest panchanama, Inquest Panchanama, Post-mortem report, Charge Sheet, notice issued to insurance company and its acknowledgement.

7.      Opponent-Insurance compnay has filed Xerox copies of insurance policy, Schedule of terms & conditions of Private Car Package policy, copy of document GR 3E, B-2.

8. Considering the arguments placed on the record as well as on perusal of the documents alongwith these pros and cons following points arise for our determination. We have recorded findings thereon with the reasons stated hereinafter.

Reasons

As to Issue no 1 to 3

9.      In the instant case, it is pertinent to note that the complainant has filed one Motor Accident Claim 25/15, wherein, the Motor Accident Tribunal, Darhva has passed Judgement dated 19/5/2019. The copy of Judgement is filed herewith. In this Motor Accident Claim, the complainant had claimed insurance claim from the opponent insurance company under the head General insurance. On the other hand, the complainant is seeking insurance here on the basis of PA cover note/unnamed passangers.

10.     On bare perusal of the Motor accident Tribunal Judgement, it reveals that the tribunal has clearly held that the driver of the said vehicle was having no valid driving licence. Moreover, the passangers were carried by getting fair. Hence the terms & conditions of insurance policy were violated. This verdict is outcome of full fledge trial. Therefore we need to follow their verdict. Once it is held by the Tribunal that there was violation of terms & conditions of policy, then without making any dispute, we find that the complainant is not authorised to claim any compensation under the garb of policy.

11.    After considering all the facts, circumstances and evidence available on record, we are of the firm view that the complainant is not entitled for any compensation because the policy itself is violated. Consequently, the compliant deserves to be dismissed. In view of all these facts, we answer all the points accordingly and proceed to pass following order.

ORDER

1. The complaint stands dismissed.

2. No order as to costs.

3. Copies be provided free of costs to the parties.

 (Hemraj Thakur)                     (Nandkumar N. Waghmare)

       Member                                             President

Dt.   30 December 2022

CGM