Haryana

Yamunanagar

CC/42/2024

Rajni Garg W/o Raman Kumar Garg - Complainant(s)

Versus

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

G.S. Manipur

08 Feb 2024

ORDER

CC No. 42 of 2024

Rajni Garg Vs. UII

 

Present:      Sh. GS Manipur, Adv. for the complainant.

 

1.                Complaint presented before the registry of this Commission on 6.2.2024 and put up before this Commission on today itself. It is hereby ordered to be registered against the registration number already allotted by the registry of this Commission.

2.                Counsel for the complainant attached documents Ex.C-1 to Ex. C-17 with the complaint.

3.                Heard. Deceased Raman Kumar Garg being registered owner of car bearing No.HR-05AE-9351 (for short “Car”), got the car insured from the United India Insurance Company Limited, vide policy bearing No.1101013122P110896337 Ex.C4, valid with effect from 24.01.2023 to 23.01.2024 and Sh. Raman Kumar Garg (since deceased) registered owner of the car also paid premium, in the sum of Rs.275/-, to avail the benefit of compulsory PA, for the owner-driver and unfortunately, while driving the car on 23.11.2023, the Raman Kumar Garg met with road side accident and ultimately, scumbbed to his injuries. FIR Ex.C7 in PS Chhachhrauli was recorded. After the death of insured Raman Kumar Garg, the complainant being his legal heirs, intimated the opponent i.e. United India Insurance Company Limited, regarding their claim, by submitting all the documents, fact is reflected from letter dated 15.12.2023 Ex.C15 which was sent through registered post. The opponent had not responded. Thereafter, complainant again sent a legal notice dated 29.01.2024 to the opponent, for settlement of the claim, under the policy Ex.C4.

4.               Till date, the claim of the complainant has not settled by the opponent, in either way i.e. neither rejected nor accepted. Some time insurance company takes time, due to certain official formalities. At this stage, complaint is pre-mature and this Commission is of the firm view, in case, appropriate directions are given to the opponent i.e. United India Insurance Company Limited, to settle the claim of the complainant, under the policy Ex.C4, in either way, in time bound manners, it will suffice the purpose. Thereafter, if the complainant are not satisfied from the decision of the opponent (United India Insurance Company Limited) or their claim is not settled, in any way (either rejected or accepted), within the stipulated period, then, complainant will be at liberty, to file a fresh complaint, against the opponent. In a fresh complaint, they will mention the fate of this complaint and will also attach the copy of this order. At this stage, no notice is required to the opponent i.e. United India Insurance Company Limited, affording an opportunity, being heard, because no adverse order is being passed against the opponent i.e. Insurance Company, at this stage.

5.             Hence, due to stated reasons, hereinbefore, complaint is rejected, it being pre-mature and United India Insurance Company Limited, one of its branch offices, near Telephone Exchange, Jagadhri Road, District Yamuna Nagar through its Branch Managar, is directed to settle the claim of the complainant, qua, the policy Ex.C4, within the period of 40 days from the date of receipt of certified copy of this order, in the office of the opponent No.1, by passing speaking order. Original documents Ex.C14 to Ex.C17 is hereby ordered to be returned to the complainants through their counsel, Sh. GS Manipur, against proper receipt. Certified copy of this order be supplied to the complainants free of cost. Any of the complainants will transmit the same or deliver the same, in the office of the opponent No.1, by hand or through registered post.

6.                File be consigned to the records.

                                                                                                            President,

                                                                                                            DCDRC, YNR,

  L.Member                                          Member                                 08.02.2024.

 

Typed by: Aarti.