DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 10 of  2024

 

1. Sri Jagadish Debbarma,

S/O- Late Surendra Debbarma,

Sarat Chowdhuri Para,

P.O. Champaknagar, P.S. Jirania,

District- West Tripura, Pin- 799045.

 

2. Smt. Archana Debbarma,

W/O- Sri Jagadish Debbarma,

Sarat Chowdhuri Para,

P.O. Champaknagar, P.S. Jirania,

District- West Tripura, Pin- 799045.......Complainants.

 

-VERSUS-

 

 

   ________PRESENT_________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

C O U N S E L

 

 

For the O.Ps        : Smt. Rajasree Purkayastha,

 

F I N A L    O R D E R

1. Jagadidh Debbarma and Archana Debbarma here-in-after called the complainants have filed this complaint against the O.P. alleging inter alia that on 31.12.2020 in the after noon their son Amit Debbarma since deceased while driving the motor cycle bearing registration No- TR 01 4656 met with an accident while proceeding towards Baramura from Champaknagar. One unknown vehicle was involved in this accident. He was shifted to Jirania Hospital and later on to AGMC and GBP Hospital, Agartala but ultimately on the same date he succumbed to the injuries. He had valid driving license. 

1.1 Over his death Champaknagar Out Post  G.D. Entry No.10 dated 11.01.2021 was filed and a U/D case was registered. 

1.2 The motor cycle was duly insured with the O.P.  but the O.P. insurance company denied to pay the P.A. Coverage of Amit Debbarma. 

1.3 Hence, this complaint.

2. The O.P. in written objection pleaded that the case of the complainant is barred by limitation as the cause of action arose on 31.12.2020 and the case has been filed in the month of March, 2024.

2.1 Further the case is not maintainable for the fact that as per the policy of Insurance P.A. Coverage is only available to owner-cum-driver and not to any stranger driver. Moreover, P.A. Coverage is not available to any person for his own fault since no other vehicle is involved in the alleged accident.  

3. From the policy of insurance it is found that one Mr. Shiba Rupini, son of Sarkash Rupini was the owner insured of the vehicle. This vehicle was driven by Amit Debbarma since deceased.

 

4. The question is whether Amit Debbarma is entitled to P.A. Coverage under the policy of insurance.  

4.1 Admittedly, the accident occurred on 31.12.2020 but the petition was filed on 06.02.2024 but we can not be oblivious of the direction of the Hon'ble  Supreme Court that, due to Covid Pandemic, period of limitation was extended. Further, the present petitioners kept contact with the Insurance company and lastly on 17.11.2022 visited the office of the O.P. Insurance company and submitted all documents but Insurance company repudiated the claim. Therefore, we are of the considered opinion since 1711.2022 the  petitioners filed claim with the Insurance company and Insurance company repudiated the claim, the present petition is not barred by limitation.

 

4.2 On perusal of the Policy of Insurance, we find that premium was paid Rs.350/- for unnamed persons as P.A. Coverage. Therefore, Amit Debbarma, since deceased, is also covered under the P.A. Coverage for unnamed persons. Amit Debbarma, since deceased had driven the Motor Bike having valid driving licence. Hence, the claim is allowed.

4.3 The next question is what should be the quantum of compensation. For the sake of convenience IMT.16. is quoted below:-

 

Details of Injury                                                                                                                                Scale of compensation

Death 100.00%

Loss of two limbs or sight of two eyes or one limb and sight of one eye                                         100.00%

Loss of one limb or sight of one eye 50.00%

Permanent Total disablement from injuries other than named above 100.00%

Provided always that

(I) compensation shall be payable under only one of the items(i) to (iv) above in respect of any such person arising out of any one occurrence and total liability of the insurer shall not in the aggregate exceed the sum of Rs.100,000.00 during any one period of insurance in respect of any such person.”

 

4.4 As such the quantum of compensation for unnamed passenger in the present case for personal accident is Rs.1,00,000/-(One lakh only).

4.5 However, we do not agree with the argument of the Learned Counsel of the O.P. that the case is not maintainable as the petitioner never approached the O.P. and hence there is no deficiency of service. From the petition, we find that the petitioners approached the O.P. for compensation which was denied. As such, we find no reason to disbelieve the petitioners.

5. In the result, we order that the O.P. Insurance Company shall pay Rs.1,00,000/-(0ne lakh) to the petitioners as compensation with interest @7.5% P.A. from 06.02.2024 i.e., the date of filing the case till the date of actual payment. The O.P. shall also pay a further sum of Rs.10,000/- as compensation for deficiency of service which is inclusive of litigation cost.

6. The case stands disposed off.

7. Supply copy of this final order free of cost to the parties.

Announced.

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA.