Case No. 233/2021   

IN THE MATTER OF

Smt. Shalini Tiwari age 36 years W/o Late Neeraj Tiwari R/o Shiv Lok Gali no.5 Surya Bihar Colony, Thana Quarasi Aligarh

                                           V/s

The Oriental Insurance Company Ltd. Divisional Office, Centre Point, Samad Road,Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for following reliefs:-

1. Personal accident claim Rs.300000 with pendente lite and future interest..
2. Compensation mental agony and economic loss Rs.50000.

2. Complainant has stated that her husband Neeraj Tiwari died in Motor accident on 22.3.2018. Who had obtained personal accident insurance in her life time. The policy was valid during the period from 18.1.2018 to 17.1.2019 and complainant was nominated as successor in the policy. The deceased Neeraj Tiwari urf Neeraj Kumar Sharma was 37 years old at the time of accident which occurred at 1.40PM at puliya Hatisha while he was travelling from Aligarh to Agra in Car no. UP 80DY 4321. The driver of the car no. UP 80BW 8210 collided with the car and the car had fall in down. Complainant’s husband had died while taking him to hospital. The postmaterm on the body of deceased  was performed and F.I.R. was loudged against the driver car no. UP 80 BW 8210. Complainant filed the claim of personal accident before the Op but the claim was not settled.    
3. Op does not file WS in spite of sufficient service. Case was proceeded Ex parte.                                     

4. Complainant has filed his affidavit and papers in support of his pleadings.

5. We have perused the material available on record and heard the parties counsel.
6. There is no rebuttal of the pleadings of the complainant and thus complainant’s case  is proved on the basis of material on record. Complainant is entitled for the assured sum for personal accident that is Rs. 80% and is at Rs. 240000 as per insurance policy schedule filed by the complainant.
7. We hereby direct the Op to pay the complainant about Rs.240000 with pendente lite and future interest @ 12% per annum. OP is also entitled to pay Rs.25000 as compensation for harassment.
8. Op shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.