Punjab

Sangrur

CC/598/2016

Niranjan Singh - Complainant(s)

Versus

United India Insurance - Opp.Party(s)

Shri Ajay Aggarwal

13 Feb 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 598                                                                                        

                                                                   Instituted on:  05.10.2016

                                                                   Decided on:    13.02.2017

 

Niranjan Singh aged 78 year son of Sh. Jangir Singh resident of village Binjoki Kalan, Tehsil Malerkotla, District Sangrur.    

                                                …. Complainant.      

                                         

Versus

1.       United India Insurance Company Limited 24, Whites Road, Chennai 600014 through its Director/ authorized person.

2.       The Manager, United India Insurance Company Limited DO Sangrur, Dhuri Road, Sangrur, District Sangrur 148001.

        ….Opposite parties.

 

FOR THE COMPLAINANT:        Shri Ajay Aggarwal,  Advocate                          

 

FOR THE OPP. PARTIES  :        Shri Bhushan Kumar Garg, Adv.         

 

Quorum

         

                    Sukhpal Singh Gill, President

Sarita Garg, Member

Vinod Kumar Gulati, Member

     

           

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Niranjan Singh complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he got insured his truck bearing number PB-31-E-0216  from  OPs. On 23.02.2015, the vehicle in question  met with an accident and was badly damaged. An information of accident was immediately given to the OPs. DDR number 20 dated 24.02.2015 was lodged wherein due to mental tension it was got mentioned  that the complainant was driving the vehicle in question whereas  complainant's son Parminder Singh was driving the same at the time of accident. A DDR no.17 dated 24.11.2015  was also got registered with police station under Section 29 District Panipat.  The claim was lodged with the OPs along with all requisite documents  but inspite of that  the OPs demanded driving licence of the person who drove the vehicle at the time of accident  and the complainant again submitted the driving licence of Parminder Singh. Inspite of repeated requests of the complainant,  the OPs did not settle the claim of the complainant.   Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to make the payment of claim of the complainant amounting to Rs.107213/- along with interest @12% per annum from the date of accident till payment,

ii)     OPs be directed to pay Rs.2,00,000/-  on account of physical and mental agony,

iii)            OPs be directed to pay Rs.11000/- as litigation expenses.

2.             In reply filed by the OPs, legal objections on the grounds of unfair trade practice, jurisdiction,  maintainability and suppression of material facts  have been taken up. On merits, it is submitted that truck of the complainant insured for the period of 25.02.2014 to 24.02.2015 subject to terms and conditions of the policy for IDV value of Rs.10,00,000/- .  It is precedent terms and condition  of the policy that  only the person who is holding valid and effective driving licence is only entitled to drive the insured vehicle.  It is also submitted that  Parminder Singh was not driving the insured truck at the time of the said accident.  The OP no.2 wrote letters  to the complainant to produce the driving licence of the complainant but he failed to provide  the same to the OPs.  Therefore, the complainant is not entitled  to claim the damages from the OPs because the complainant  ahs violated the policy terms and conditions. Thus, there is no deficiency in service on the part of the OPs.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-22 and closed evidence. On the other hand, OPs have tendered documents Ex.OP-1 to  Ex.OP-12 and closed evidence.   

4.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the parties, we find that it is  not disputed   that the truck in question was insured with the OPs. It is  complainant's own case that  after accident DDR no.20 dated 24.2.2015 was lodged by the complainant but   he was under mental tension due to damage to the vehicle and was worried about his son as such  in the DDR no.20 dated 24.02.2015 it was mentioned that the complainant was driving the vehicle wheres  Parminder Singh son of complainant was driving the vehicle at the time of accident and he being 77 years of age at that time and not possessing driving license cannot  drive truck, so  later on a DDR no.17 dated 24.11.2015 was also got registered with the police of police station Section 29 District Panipat. We further find that it is OPs specific case that  the insured vehicle  in question was being driven by the complainant himself  at the time of alleged accident  and complainant does not have any driving license to drive the insured vehicle. This fact has been  proved from the DDR no.20 of 24.02.2015  lodged by the  complainant himself and OPs had written letters  to the complainant to produce the driving license of the complainant but  complainant failed to provide the same to them, therefore complainant is not entitled  to claim the damage from OPs  because the complainant has violated the terms and conditions of the policy.  It is surprising that the complainant earlier lodged a  DDR no. 20 dated 24.02.2015  which is Ex.C-7 on record wherein it has been mentioned that he himself was driving the truck in question  and later on he got  recorded another DDR no.17 dated 24.11.2015 which is Ex.C-8 on record wherein it has been mentioned that the truck in question was being driven by his son Parminder Singh. It is also strange that  second DDR no.17  was  got recorded by the complainant  after a gap of about nine month which is a so long time from the recording of earlier DDR no.20. Against this, the version of the complainant is that  he was under mental tension due to damage to the vehicle  and he was also worried  about his son as such in DDR no.20 dated 24.2.2015  it was got mentioned that  he was driving the vehicle in question.  Further, the OPs have demanded driving licence of the person who was driving the vehicle at the time of accident but complainant failed to provide the same. Moreover, the complainant has not produced any medical record/ evidence regarding the admission of his son in any hospital. Further, the complainant has not produced any slip issued by any doctor regarding prescription of medicines to his son.

5.             For the reasons recorded above, we find that the complainant has concocted a false story to get the insurance claim amount. Further, the contention of the complainant regarding not mentioning the name of his son as a driver instead of himself due to mental tension in earlier DDR  no.20 dated 24/02/2015 is not sustainable as he  filed the DDR no.17 dated 24.11.2015 after elapse of about nine months. If earlier due to mental tension he wrongly mentioned in the DDR no. 20 dated 24/2/2015 that he was driving the truck in question    then he had to  lodge the second  DDR   within a shortest possible time  but in the present complaint he lodged the second DDR  after elapse of  about nine months. Hence, it seems that correction of the name of the driver as his son instead of himself was after sending the letters by the OPs to the complainant demanding the driving licence of the person who was driving the vehicle in question. Accordingly, we find no merit in the present complaint and same is dismissed. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                February 13, 2017

 

 

 

 

( Vinod Kumar Gulati )  ( Sarita Garg)       (Sukhpal Singh Gill)                                                                                                                                                                    

Member                    Member                            President

 

 

BBS/-