DATE OF DISPOSAL: 10.4.2024
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties (in short O.Ps.) and for redressal of his grievance before this Commission.
2. The daughter of the complainant DileswarSethi, aged about 20 years was a student of Vignan Institute of Technology of Management, Berhampur, Ganjam district in 2nd year in Civil Engineering. The daughter of the complainant Dileswar Sethi while going to the Institute of Technology and Management on 15.11.2021 at 10.30 hours by Motor bike met with an accident from behind by car No. OD-02-D-7171 resultingsevere injuries and the doctor of MKCG Medical CollegeHospital, Berhampur declared her dead. The registration in Biju Pattnaik University of Technology, Odisha, Rourkela was 20211301014 besides college Roll No. 201E/CIV0034. The complainant collected the death certificate and post mortem from Berhampur Municipal Corporation. Knowing that the life of student is assured with the O.P.No.1 & 2, the complainant after obtaining required information under RTI Act, 2005 submitted claim application informed to the O.P.No.2 for payment of Rs.2,00,000/- towards the insurance money. The matter was informed to the police in shape of FIR at Golanthara Police station which registered the G.R.No. 2018/2021 and PS Case No. 0320/2021. The complainant collected the information from theBijuPattnaikUniversity of Technology, Rourkela which indicates that all the students studying under the ambit of the university for the year 2020-21 and 2021-22 are covered under insurance executed with M/s Oriental Insurance Co. ltd. Bhubaneswar under an agreement which was served to the complainant in L.No. 1675 dated 17.03.2022. The complainant filed death claim duly signed along withDeath Certificate, Certificate copy of police Final Report, certified copy of post mortem report, Student of the official of the college regarding continuity of the student course, BPUT Registration card, copy of college/ID card/Voter ID/Adhhar card etc. claiming Rs.2,00,000/- towards insurance amount. The O.P.No.2 on receipt of the claim application deputed its surveyor who collected all the materials along with the discharge voucher. The O.P.No.2 in its office letter No. 2748 dated 20.05.2022 communicated stating that as in as hereunder:
“We reiterate that we are not liable for your claim since the date is out of the provision of policy period and we stand by the contents of letter dated 06.05.2022”.
The complainant being beneficiary of the claim is harassed on the unfair trade practice of the O.Ps causing mental agony. The cause of action arisen on 15.11.2021 and as such the complaint is within the time. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to pay Rs.2,00,000/- towards insurance claim with interest, compensation of Rs.30,000/- and litigation costs of Rs.15,000/- in the best interest of justice.
3. The O.P.No.1& 2 filed written version through their advocates. It is stated that the averments made in the complaint are all not true and correct; the complainant has to prove the same which are not specifically admitted herein. The BPUT invited tenders for comprehensive student insurance for 2020-21admitted students to cover approximately 33,550/-on a long term basis. In pursuance of the said tender, this O.P. became successive bidder for which the Registrar of the BPUT O.P.No.3 vide its letter No.BPUT/5461 dated 22.12.2021 remitted an amount of Rs.11,47,680/- for student insurance policy for the year 2021-22 through RTGS vide UTR No. IDIDIR52021120826111497 dated 08.12.2021 for commencement of policy for the session 2021-22 with effect from 08.12.2021 towards tailor-made-comprehensive student insurance policy for 33648students. The policy period for the session 2021-22 is effective from 08.12.2021 till 30.06.2022 and the above amount of premium is being paid for one academic year. This O.P. is requested to be adjusted the proportionate amount of premium of 2021-22 and set off the balance amount with the premium of next academic year i.e. 2022-23 under intimation to their office for renewal of the policy from 01.07.2022 to 30.06.2023. Further they have advised to the O.P. to execute a MOU with the University at the earliest. Thereafter memorandum of understanding was executed at Rourkela, Bhubaneswar between BijuPattnaik University Technology, Rourkela Odisha and the Oriental Insurance Co. ltd having its City Divisional Office No. 02 Bhubaneswar on this 29th December 2021. As per the MOU, the policy will commence from the commencement 08/09.12.2021 (Mid night) to 30.06.2022 (Mid night). As per the said MOU if a student continuing in the University died due to accident during coverage of policy period mentioned above then his or her parents will get Rs.2,00.000/-. Similarly if the students sustained irreparable loss of site of one eye or loss of use of one limb due to accident during coverage of policy period mentioned above then he or herself will get Rs.1,00,000/-. The O.P. issued policy vides No.345800/48/20232/1411 valid from 09.12.2021 to mid night of 30.06.2022. The said policy was applicable to the student those were admitted for the session 2020-21. While the matter stood thus this O.P. got claim application from the complainant regarding death of his daughter Dileswari Sethi due to motor accident on 15.11.2021. After getting intimation this O.P. appointed an investigator Sri Laxmidhar Nayak for making investigation relating to death of the deceased. After due investigation they submitted their report before the O.P. in which they have submitted that the deceased was the student of 2nd year 4th semester BTECH in Civil Engineer and was reading in VITAM Berhampur. In its report said Dileswari Sethi died due to Road traffic accident at Tamana Road near BIET College while she was travelling as pillion rider in a motor cycle on 15.11.2021. This O.P. after verifying the documents submitted before them found that MsDileswariSethi was admitted in the college on 28.01.2021 during academic year session 2020-21 but BPUT had remitted the insurance premium to their office on 18.12.2021 i.e. after gap of about more than 10 months. The O.P.No.3 in their letter of remittance of premium amount for student insurance policy vide letter No.BPUT/15461 dated 22.12.2021 addressed to this O.P. has clearly mentioned that the policy period for the session 2021-22 is effective from 08.12.2021 midnight till 30.06.2022. As the date of death of the daughter of complainant due to accident was prior to commencement of policy period this O.P. has repudiated the claim of the complainant and informed him vide their letter dated 06.05.2022 with a copy to registrar of the BPUT and VITAM who are the O.P.No.3 & 4 respectively in the present case. The O.P. has not received any premium from the BPUT to cover the risk of the students prior to 08.12.2021. The BPUT while remitting the premium to the O.P. has clearly mentioned that the above premium is meant for the policy period for the session 2021-22 is effective from 08.12.2021. The BPUT has not paid any premium to this O.P. to cover the risk of the students prior to 08.12.2021. In absence of any such premium, the liability of this O.P. can not be created. As the deceased died prior to commencement of the policy, the liability of this O.P. does not arise. As such the present case against the O.P. is liable to be dismissed with exemplary cost.
4. The O.P.No.3 filed counter affidavit through his advocate. It is stated that the University has not received any complaint/application/representation from the complainant regarding insurance claim of the deceased student prior to the notice of this case. The claim of the complainant is against the O.P.No.2. The University has not caused any mental agony to the complainant nor has committed any deficiency of service. Hence the petition against the University does not have any merit liable to dismiss.
5. The O.P.No.4 filed counter through his advocate. It is stated that the allegation made in petition are all not true and correct and the allegations which are not specifically admitted herein are denied to have been denied and the petitioner is put to strict proof of the same. It is submitted that Miss DileswariSethi bearing Regd. No. 20211301014 of BijuPatnaik University of Technology, Odisha Rourkela having college Roll No. IE/CIV0034 was studying second year engineering on 15.11.2021 at Vignan Institute of Technology and Management, Berhampur, Ganjam. She is reportedly expired on 15.11.2021 being involved in motor vehicle accident. She was admitted in college in academic year 2020-21. She was insured with BPUT on the life insurance policy from 09.12.2021 to 30.06.2022. The date of death i.e. 15.11.2021 is not covered under the policy period for which she is not entitled to any benefit under the policy and the insurance company (O.P.No. 1 & 2) thus rightly rejected the claim. The Principal, Vignan Institute of Technology, Berhampur is no way responsible or answerable to the complainant for the accidental death of her daughter Dileswari Sethi. This O.P.No.4 is implicated in the case without any justification. The claim is not maintainable against him. Hence the O.P.No.4 prayed to dismiss the complaint in the best interests of justice.
6. On the date of hearing advocatesof all parties are present. We perused the complaint petition, written version, written argument and documents available in the case record.
It is apparent from the Annexure – B : Memorandum of Understanding between the OP no. 1, 2 & 3 filed by the OP no.1 & 2 that, the op no.3 has collected Rs.35/- per year from each admitted students for the session 2020-21 which was inclusive of all taxes. The op no.3 confirmed in the said Annexure – B that, the Tailor-made Comprehensive Student Insurance Policy will cover to their entire period of study as specified in financial bid of Tender No.-BPUT/CS&P/54/20/3982, Dated:30.09.2021. the op no. 1 and 3 were also agreed to give sum insured per student as per Table – 1. The op no. 1 & 2 filed Annexure – A wherein the op no.3 informed to op no.1 & 2 regarding ‘remittance of amount for student insurance policy for the 2020-21 admitted students for the academic session 2021-22.” The Annexure – A clearly speaks that, the op no.3 has not deposited the insurance policy amount of the students immediately after collection of amount who have admitted in the 2020-21. Hence op no.3 is solely responsible to pay compensation to the beneficiary of the deceased person for such deficient services.
The daughter of the complainant Dileswari Sethi, aged about 20 years was a student of Vignan Institute of Technology of Management, Berhampur, Ganjam district in 2nd year in Civil Engineering. The daughter of the complainant Dileswari Sethi while going to the Institute of Technology and Management on 15.11.2021 at 10.30 hours by Motor bike met with an accident from behind by car No. OD-02-D-7171 resulting severe injuries and the doctor of MKCG Medical College Hospital, Berhampur declared her dead. As per tender notice number BPUT/CS&P/54/20/3982 dated 30.09.2021 and letter No. BPUT/5461 dated 22.12.2021 of BPUT, Odisha the student admitted in AY 2020-21 in the college affiliated to BPUT are insured under the policy period from 09.12.2021 to 30.06.2022 whereas the date of death is 15.11.2021 which was prior to commencement of policy period. The BPUT had remitted insurance premium on 08.12.2021 after a gap of more than ten months. Hence the op no. 1 & 2 are not liable to settle the claim in the present case.
There is laws enacted by the Parliament and State legislatures provide for payment of compensation to the legal representatives of those killed in air, rail or motor accident by the State and/or its agencies/instrumenSC - talities.In view of the principle of law laid down by the Supreme Court of India his lordship in Civil Appeal no.:5322 of 2011 in between Delhi Jal Board v. National Campaign for Dignity and Rights of Swerage and allied Workers & Others, the present complaint is allowed against the Op no.3 and dismissed against op no. 1& 2.
Resultantly, the case is allowed on contest against the Opposite Party No.3& 4 and dismissed against the O.P.No.1 and2. The O.P.No.3& 4 are jointly and severally liable to pay ex-gratia amount of Rs.2,00,000/- only together with litigation cost of Rs.10,000/- to the beneficiary-complainant within 45 days from the date of receipt of this order. In the event of non-compliance of the above order by op no. 3 & 4, all the dues shall carry 12% interest per annum till its actual date of realization from the date of filing of this case i.e. on 06.09.2022 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all such dues.
This case is disposed of accordingly.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 for necessary compliance.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 10.04.2024
