This is a case under Section 35 of the Consumer Protection Act, 2019.
Complainants 1,2,3& 4 are the wife, mother and the sons of the deceased Anugrah Bage, respectively. The deceased died in a motor vehicle accident on 19.11.2019, at about 1.p.m., near Raja Tea Estate on National Highway 31, under Mal Bazar P.S. District- Jalpaiguri. He had been returning on his motor cycle, bearing no. W.B. 72N-1115, when one Mahindra Supro Car, bearing no. W.B. 73E-9657, coming from the opposite direction, in high speed and negligent manner, dashed the motor cycle causing serious injuries in the person of the deceased, Anugrah Bage. He had been taken to the Mal Bazar Super Speciality Hospital, where he was declared dead. Over this incident, one Mal P.S. U/D Case No. 234/2019 dt. 19.11.2019 had been started. P.M. had also been done over the body, of the
deceased and Mal P.S. Case No. 412/2019 dt. 19.11.2019 under Section 338/279/304(A) of the I.P.C. had been started, corresponding to G.R. Case No. 4851/2019. During investigation seizures had been made and finally Charge-sheet No. 426/2019 dt. 18.12.2019 under Section 279/338/304(A) of the I.P.C., against the driver of the offending vehicle bearing no W.B. 73E-9657, namely M.D. Alauddin, had been filed.
At the time of accident, the Motor Cycle bearing no. W.B. 72N-1115 had been insured with the O.P. Insurance Company vide Policy No. 151751923120002268, valid from 19.03.2019 to 18.03.2020 along with P.M. (Personal Accident) coverage for the owner-driver to the tune of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only). Since the deceased was the owner and also the driver of the motor cycle, he had to pay Rs. 750/- (Rupees Seven Hundred Fifty Only) as additional premium for P.M. coverage. Therefore, on the death of the deceased Anugrah Bage, in a motor accident involving the insured motor cycle the complainants were entitled to Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) from the O.P. Insurance Company. The complainants had intimated to the O.P. Insurance Company, claiming the insurance amount, on 23.01.2020. The O.P. Insurance Company had asked the complainants to submit documents, but till date no payment had been made, inspite of the compliance. On 27.06.2020 a letter had been sent to the O.P. Insurance Company for the claim amount, but till date no payment had been made. Therefore, the complainants have filed this case. Hence this case.
The O.P. Insurance Company had entered appearance and filed the Written Version, wherein they have admitted the existence of Policy bearing no. 151751923120002268 and claimed that the complainant had not filed any documents related to personal accident, following which the O.P. Insurance Company could not assess the claim. In this regard four (4) reminders dt. 08.02.2020, 03.03.2020, 01.04.2020 and 23.06.2020, had been issued for the following documents:-
- Claim form filled-up completely and duly signed
- KYC Document ID/Address/ Memorandum Proof
- Cancelled Cheque/pass Book for FT
- Hospital Certificate/documents
- Death Certificate
- Legal Heir Certificate/Will/ Proof of nomination
- Affidavit on non Judicial stamp paper
- Certificate of disablement in case of permanent partial disability.
Hence, for the non-submission of the above documents the claim of the complainant could not be assessed.
From the copies of the Aadhar Card and the Voter I.D. Card, the complainants nos. 1,3 & 4 have been able to establish, that they are the wife and sons of deceased Anugrah Bage, respectively. Complainant no. 2 has also been able to establish herself as the mother of the deceased, being the wife of the father of the deceased. Therefore, the claimant’s credentials vis-a-vis the deceased stands established.
In respect of the ownership, of the motor cycle, being no. WB72N-1115, lying in the name of the deceased Anugrah Bage, also establishes the fact of ownership from the copy of the Registration Certificate, Annexure-7. The fact that the deceased Anugrah Bage, also possessed a driving license and the same was valid stands established from the copy of the Driving License, Annexure-6. The fact of the motor cycle, involved in the accident, being under insurance coverage by the O.P. Insurance Company along with P.A. Cover, at the time of accident, i.e., 19.11.2019, also stands fully established from the copy of the Insurance Certificate, Annexure-3. The fact of death of the deceased Anugrah Bage, was due to the accident, involving hid motor cycle bearing no. WB72N-1115, also stands established from the F.I.R., Charge Sheet, Seizure List, Annexure-1 (collectively) and also the Autopsy Report, Annexure-2.
Hence from the above findings it becomes crystal clear, that the deceased was driving the motor cycle on 19.11.2019, when he was dashed from the opposite side by vehicle bearing no. WB73E-9657 (Mahindra Supro), which resulted in his death. Therefore, the O.P. Insurance Company being the insurer of the involved motor cycle bearing no. WB72N-1115, with P.A. Coverage, is liable to compensate the complainants, with full amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) and Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) for mental pain and agony and Rs. 15,000/- (Rupees Fifteen Thousand Only) towards litigation costs. As a result, the instant case is decided in favour of the complainants.
It is therefore,
O R D E R E D
Instant case be and the same is the allowed-on contest with cost of Rs. 5,000/- (Rupees Five thousand only). The O.P. Insurance Company is directed to pay Rs. 5,20,000/- (Rupees Five Lakhs Twenty Thousand Only) each, to complainant No. 1 & 2 and Rs. 2,50,000/- (Two Lakhs Fifty Thousand Only) each to complainants no. 3 & 4.
The above amounts shall be paid within a month of this order, failing which the above amounts shall attract interest @ 9% p. a., till the date of payment.
Copy of the order be handed to the parties, free of cost.
