Present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto date has been filed by complainants Rattan Kaur wife of Sh.Ajit Singh and mother of Late Sh.Sukhdev Singh and others against opposite party i.e. United India Insurance Company Limited Branch Office Sultanpur Lodhi, District Kapurthala through its Branch Manager for claiming insurance amount of personal accident claim on account of death of her son Sukhdev Singh in motor vehicle accident and also for monetary compensation on account of deficiency in service on the part of opposite party.<br /> 2. Brief facts in the complaint are that Sukhdev Singh and Salwinder Singh both sons of complainant got insured their TVS Suzuki motor cycle bearing registration No. PB-08-W - 6880 with the opposite party United India Insurance Company vide cover note No.280721 dated 3/5/05 including personal accident insurance for a sum of Rs.1,00,000/- in the said cover note. Sukhdev Singh son of the complainant also paid premium of Rs.387/- to the opposite party for insurance of motor cycle and for granting joint personal accident cover to the tune of Rs. one lac which was valid from 3/5/05 to 2/5/06. It is further averred that her son Sukhdev Singh was killed in motor vehicle accident on 14/5/05 with a car bearing No.PB-18F-4548 while he was driving insured vehicle bearing registration No. PB-08-W - 6880 . DDR No. 20 dated 14/6/2005 was also recorded in the Police Station Raya, District Amritsar on the statement of his brother Salwinder Singh brother of the deceased and witness of said occurence . Complainant also lodged claim vide letter dated 3/7/2005 for payment of amount of personal accident claim as per the condition of the insurance policy but claim of complainants was repudiated vide letter No.066 dated 7/5/2008 which amounts to deficiency in service on the part of opposite party against which complainants are entitled to the reliefs claimed. <br /> 3. Opposite party was summoned through registered post but failed to appear after one month and as the registered summon not received back within one month and presumpted to be served, so opposite party was proceeded exparte. <br /> 4. Complainants tendered exparte evidence by producing affidavit and documents Ex.C1 to C10.<br /> 5. Harjinder Kaur reiterated her avernments in the affidavit Ex.C1 about death of her husband Sukhdev Singh in motor vehicle accident with car on 14/5/05 when he was driving in his insured Suzuki motor cycle bearing registration No. PB-08-W - 6880 . The registration of the insured vehicle vide Ex.C1 stands in the name of Sukhdev Singh and also insurance policy Ex.C3 and C4. It is also clear from the medical record Ex.C7 and C8 of Guru Ram Dass Cheritable Hospital, Amritsar that deceased sustained injuries in the road accident and later on expired in Satyam hospital, Jalandhar vide Ex.C7. DDR Ex.C10further confirms injuries sustained by the deceased in the accident and also vide death certificate Ex.C5. The intimation of the accident and also claim was proved vide Ex.C2 dated 5/7/2005. Perusal of cover note of insurance policy clearly indicates that owner-driver was covered under compulsory personal accident for Rs.10,000/-. The repudiation of claim of complainants was made by the Insurance Company vide letter dated 7/5/2008 for want of postmortem report and death after eleven days of accident. Be that as it may, we find substantial evidence produced by the complainant to establish death of Sukhdev Singh in the motor vehicle accident by way of medical record, DDR and also death certificate. Therefore, we find repudiation of personal accident claim to the extent of Rs.10,000/- as illegal and unjustifiable. We therefore, accept the complaint exparte and direct opposite party Insurance Company to pay amount of Rs.10,000/- to Smt.Rattan Kaur mother of the deceased and also on behalf of other heirs with further direction to pay Rs.5000/- as monetary compensation for causing mental agony and physical harassment due to deficiency in service on the part of opposite party besides Rs.2000/- as cost of litigation payable within one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : ( Gulshan Prashar ) (Shashi Narang ) ( A.K. Sharma )<br /> 23.9.2008 Member Member President.