West Bengal

Bankura

CC/69/2023

Swagata Mukherjee (Bhattachajee) - Complainant(s)

Versus

United India Insurance Co. Ltd. - Opp.Party(s)

Ardhendu Sekhar Ghosh

10 Jan 2024

ORDER

  IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

 Consumer Complaint No. 69/2023

         Date of Filing: 17/07/2023

                                            

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Ardhendu Sekhar Ghosh

For the O.P.:  Ld. Advocate Shib Sankar Ghosh

 

Complainant  

Swagata Mukherjee (Bhattachajee), W/o Late Dipankar Bhattacharjee, C/o Tulsidas Mukherjee Sarani No.7,  Pratap Bagan, Bankura, PIN- 722 101                                                                                                                                

Opposite Party 

United India Insurance Co. Ltd., Bankura Branch, 240 A, Nutanchati, P.O. & Dist.Bankura-722 101

 

FINAL ORDER / JUDGEMENT

Order No.08

Dated:10-01-2024

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that her husband is owner of Maruti Sujuki Alto Car No. being WB 38AE0037 duly insured with O.P./Insurance Co. Policy No. being 0315083118P110075881 valid from 04/11/2018 to 03/11/2019 with P.A. cover for owner driver for Rs.15 Lakh. On 11/11/2018 the husband of the Complainant died in a road traffic accident involving his oen two wheeler No. being WB 38AP 9906 which was registered as Bankura P.S. Case No.41/99, dated: 16/02/2019 u/s 279/304A/IPC and the incident was duly intimated to the O.P./Insurance Co. followed by claim application but the same was repudiated. The Complainant has therefore approached this Commission for immediate relief.

O.P./Insurance Co. contested the case by filing a written version contending inter alia that the said Maruti car is not involved in the accident but the two wheeler Bullet Royal Enfield No. being WB 38 AP 9906 also owned and registered in the name of the Complainant’s husband was actually involved in the accident but it has no insurance policy. in which the Complainant lost her husband. The Complainant  is not therefore entitled to get any relief in this case for delayed intimation and non-coverage of the policy of the two wheeler.

                                                                                                                                                                                      Contd……p/2

Page: 2

                                                                                        -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that  the Complainant has staked a peculiar claim in this case where the accident involving Motor Cycle No. being WB 38 AP 9906 was not insured at the relevant point of  time.

Ld. Advocate for the Complainant tried to impress upon the Commission that Insurance coverage of the four wheeler though not involving the accident will also cover the accident involved in two wheeler having no Policy at the relevant time. No such Policy scheme could be shown at the time of hearing. The Commission thinks that it is an absurd claim lodged before this Commission which is not maintainable in law.     

Hence it is ordered……..

That the case is dismissed on contest in limine but without cost..

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER