Punjab

Sangrur

CC/87/2015

Rajinder Kaur - Complainant(s)

Versus

The Sangrur Central Co-Op. Bank - Opp.Party(s)

Shri Amrik Singh Dullat

11 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    87

                                                Instituted on:      19.02.2015

                                                Decided on:       11.08.2015

 

1.     Rajinder Kaur aged about 38 years widow of Gurdarshan Singh son of Lajwant Singh.

2.     Harmandeep Kaur aged about 15 years minor daughter of Late Shri Gurdarshan Singh.

3.     Balwinder Singh aged about 10 years minor son of Late Shri Gurdarshan Singh, both under the guardianship of their mother Rajinder Kaur, all residents of village Kheri Chandwan, Tehsil and Distt. Sangrur.

                                                        …Complainants

                                Versus

1.     The Sangrur Central Cooperative Bank Ltd. Patiala Gate, Sangrur through its Manager.’

2.     Liberty Videocon General Insurance Company Ltd. 10^th Floor, Tower-A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai-400 013 through its General Manager.

                                                        ..Opposite parties

 

For the complainant    :       Shri A.S.Dullat, Adv.

For Opposite party No.1:    Shri Ashish Garg, Adv.

For Opposite party No.2:    Shri Vinay Jindal, Adv.  

 

Quorum:    Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

Order by : K.C.Sharma, Member

 

1.             Smt. Rajinder Kaur and other complainants (referred to as complainants in short) have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that Shri Gurdarshan Singh (referred to as DLA in short) husband of the complainant number 1 and father of complainants number 2 and 3 got opened his bank account with  OP number 1 bearing number 545 and the DLA was got insured for Rs.1,00,000/- in case of accidental death under policy number 4112-200201-13-5000006-00-000 for the period from 1.6.2013 to 31.5.2014 with OP number 2.  Further case of the complainants is that while on 26.7.2013 the DLA was coming from Dhuri to his village Kheri Chandwan on his motorcycle bearing registration number PB-13-AD-4632 and in the way near village Dhuri, a truck bearing registration number PB-10-L-9800 struck into the motorcycle of the DLA and due to which the DLA fell down on the road along with motorcycle and received multiple injuries on his face, head and on vital parts of his body. After the accident the deceased was immediately admitted in Civil Hospital, Dhuri and due to the serious condition the DLA was referred to Rajindra Hospital, Patiala, who referred the DLA to PGI Chandigarh for better treatment. Thereafter the DLA died on 27.8.2013 due to the above said accident. It is further averred that the complainant gave intimation to the OPs, but the OP number 2 repudiated the rightful claim of the complainants vide letter dated 3.6.2014 on account of death of the DLA.  As such, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainants an amount of Rs.1,00,000/- along with interest @ 18% per annum from the date of accident of the DLA  till realisation and further claimed compensation and litigation expenses.

 

2.             In reply, legal objections are taken up on the grounds that the complaint is not maintainable and that the complainant has got no cause of action to file the present complaint. On merits, it is admitted by OP number 1 that the DLA was having a saving bank account and was insured with OP number 2 for Rs.1,00,000/- under the policy. However, it has been denied that the DLA met with an accident on 27.8.2013 and further it has been admitted that OP number 1 forwarded the claim of the complainants to OP number 2 for settlement, but the same was repudiated vide letter dated 3.6.2014. Any deficiency in service on the part of OP number 1 has been denied.

 

3.             In reply filed by OP number 2, legal objections are taken up on the grounds that the present complaint is false, frivolous and vexatious, that intricate questions of law and facts are involved in the present complaint, which requires voluminous evidence and that the complainant has concealed material facts and documents from this Forum. It is stated that the accident took place on 26.7.2013 whereas the DLA died on 27.8.2013 after a month from the date of alleged accident. It is stated further that in the discharge card of Sabhawana Medical and Heart Institute, it has been mentioned that patient now being discharge and no new complaints and the certificate issued by Singla Nursing Home on 27.8.2013 clearly says that the patient died due to pulmonary corollary arrest, as such, the cause of death could not be proved to be accidental which is mandatory requirement under the policy and the claim is said to has been rightly repudiated. However, it has been stated that the claim has been rightly repudiated vide letter dated 3.6.2014. Any deficiency in service on the part of the Ops has been denied.

 

4.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of repudiation letter, Ex.C-3 copy of passbook, Ex.C-4 copy of accounts statements, Ex.C-5 copy of DDR, Ex.C-6 copy of death certificate and Ex.C-7 copy of certificate issued by Singla Nursing Home and closed evidence. On the other hand, the learned counsel for OP number 1 has produced Ex.OP1/1 affidavit, Ex.Op1/2 copy of repudiation letter dated 3.6.2014, Ex.Op1/3 copy of ledger and closed evidence.  The learned counsel for OP number 2 has produced Ex.Op2/1 affidavit, Ex.OP2/2 copy of claim form, Ex.Op2/3 copy of insurance policy, Ex.OP2/4 copy of terms and conditions, Ex.Op2/5 copy of discharge summary, Ex.OP2/6 copy of medical opinion, Ex.OP2/7 copy of repudiation letter and closed evidence.

 

5.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

6.             It is an admitted fact that the DLA was having a saving bank account number 545 with OP number 1 and under which he was insured with the OP number 2 for an accidental death for Rs.1,00,000/- vide insurance policy for the period from 1.6.2013 to 31.5.2014, a copy of which on record is Ex.OP2/3.

 

7.             In the present complaint, the case of the complainants is that the DLA met with an accident on 26.7.2013 during the subsistence of the insurance policy, while he was coming from Dhuri to his Village Kheri Chandwan on his motorcycle while the same was struck with the truck bearing registration number PB-10-L-9800 and the DLA was taken to Civil Hospital, Dhuri and thereafter to Rajindra Hospital and thereafter further to PGI Chandigarh for treatment and lastly the DLA died on 27.8.2013 due to that accident.   The claim lodged with the OP number 2 was repudiated vide letter dated 3.6.2014.   On the other hand, the stand of OP number 2 is that the DLA did not die due to accident rather he died after a period of more than one month from the date of accident due to pulmonary corollary arrest.  It is further contended by the leaned counsel for the OP number 2 that the complainant has not come to the Forum with clean hands and has filed a false and frivolous complaint to get undue claim from OP number 2.

 

8.             A bare perusal of the complaint file reveals that  the complainant has not produced on record any documentary evidence such as bed head ticket of  Civil Hospital, Dhuri, Rajindra Hospital, Patiala and of PGI Chandigarh to show that the DLA took treatment from that hospitals and what was the opinion of that hospitals on the health of the DLA.  Further, there is no explanation from the side of the complainants that why they did not produce these documents on record. The complainant number 1 has produced only her own sworn affidavit to support her contention in the complaint.  Ex.C-2 is the copy of repudiation letter issued by OP number 2 on the ground that the death of DLA on account of accidental injuries has not been established. The learned counsel for OP number 2 has further drawn our attention towards the copy of certificate issued by Dr. Parshotam Singla of Singla Nursing Home, Dhuri, wherein he has stated that the DLA was complication from acute intestinal obstruction and head injury in road accident and when he examined on 27.8.2013 the DLA died due to pulmonary corollary arrest.   In these circumstances, we feel that there is no cogent, reliable and trustworthy evidence on record produced by the complainant to show that the DLA died due to accidental injuries suffered by him in the accident, which took place on 26.7.2013.  In result, we feel that there is no nexus of death of the DLA with the accident which took place on 26.7.2013 as the DLA died due to pulmonary corollary arrest on 27.8.2013 after a period of more than one month of the accident in question. As such, we find no case made out for any deficiency in service on the part of the OPs.

 

9.             In view of our above discussion and circumstances of the case, we find no merit in the complaint and the same is dismissed. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

   

                Pronounced.

                August 11, 2015.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                            (K.C.Sharma)

                                                                Member

 

                                                       

                                                              (Sarita Garg)

                                                                 Member