Jharkhand

Bokaro

CC/18/19

Smt Gudiya Devi - Complainant(s)

Versus

Director, Reliance General Insurance Co. Ltd. - Opp.Party(s)

Santosh Kumar Mahto

26 Dec 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-15-02-2018

Date of final hearing-26-12-2022

 Date of Order-26-12-2022

Case No. 19/2018

Smt Gudiya Devi

R/o- Sector-4/A, Q.No.- 3039, P.O. and P.S.- Sector-4

 Bokaro Steel City, Distrcit- Bokaro, Jharkhand

Vs.

1. Director, Reliance General Insurance Co. Ltd. Flat No. 301, 3^rd flor, krishe block, Krishe Sifre, Madanpur, Hydrabad  Pin 500081, Telangana
2. Secrectery, Samuhik Dughatna Bima Samiti, Old Adm building, Bokaro Steel City, District Bokaro, Jharkhand, Pin 827001

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

        Shri Bhawani Prasad Lal Das, Member

          

PER- J.P.N Pandey, President

-Judgment-

  Complainant and O.Ps. are absent, non turned up on repeated call. It reveals from the record that this case is pending at the stage of argument in which both parties are absent.  Hence as per provision of Section 38 (3) (c) Consumer Protection Act. 2019 case has been taken up for decision on merit on the basis of materials available on record.

Complainant’s case in brief is that she is permanent employee of Bokaro Steel Plant working as hospital attendant.  Further case is that on 11.08.2016 during working she became injured due to accident causing 6% disablement. Further case is that on 05.05.2017 she came to know that due to late submission of claim form her claim for disablement payment has been repudiated hence this case has been filed with prayer to pass order against O.Ps. for payment of Rs. 59,313.60/- as claim, Rs. 1,25,000/- as compensation for various type of harassment and Rs. 15,000/- as litigation cost.

 O.P.No.2 appeared and has filed W.S. mentioning therein that the accident took place on 11.08.2016 and intimation was received on 08.04.2017 with delay of 180 days hence there was late intimation accordingly claim has been repudiated but this O.P. is having no liability for payment.

O.P. No.1 Insurance Co. has filed W.S. asserting therein that as per policy agreement the intimation of accident must be reported to the insurance co. within one calendar month but after lapse of more than one year period intimation to this O.P. has been given. Further reply is that there is no supportive document in relation to injuries and injury certificate issued by BGH hence claim has been rightly repudiated by this O.P.

Now, point for decision is whether complainant is entitled to get relief as claimed?

On perusal of the papers annexed with the complaint petition it appears that as per annexure-1 & 2 intimation of the accident was not given by the complainant within stipulated period. Medical Certificate (Annexure-2/a) is also not specific in respect to disablement. The General condition of the complainant was found satisfactory. Annexure-7 is photo copy of repudiation letter accordingly there was delay of 242 days in intimation of the claim to the Insurance co. hence claim has been repudiated.

On careful perusal of the papers annexed with the record it is apparent that 6% disablement is not specific and there is inordinate delay 242  days in intimation of accident to the insurance co. Hence we are of the view that complainant is not entitled to get relief as claimed.

Accordingly this case is being dismissed on merit and parties shall bear their own costs.

 

J.P.N. Pandey)

                                                                                      President

                                                                                     

         

    (B.P.L Das)

   Sr. Member