DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 46 of 2023.

 

1. Smt. Gouri Debnath,

W/O. Late Kamal Debnath,

R/O. Ranirbazar, Near Ranirbazar PHC, Durganagar,

P.S.-Ranirbazar,

P.O.-Ranirbazar, Pin-799035,

Dist. West Tripura....................…....…...........................Complainant.

 

-VERSUS-

 

1. Go Digit General Insurance Limited,

Address: Atlantis, 95, 4th B Cross Road,

Koramangala Industrial Layout, 

5th Block, Bengaluru,

Karnataka-560095.…...................................................Opposite Party.

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  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.P. : None appeared. 

 

Smt. Gouri Debnath, herein after called the Complainant, has filed this complaint against the O.P. claiming Rs.15,00,000/- the amount of P.A. coverage of her deceased husband Kamal Debnath and compensation due to deficiency in service on the part of the O.P. 

2. Kamal Debnath, since decease while returning from the Office on 06/03/2023 by riding his motorbike No.TR01J7878, meet with an accident involving a Bus vehicle No.TR041214 at Chandrapur. He was shifted to G.B. Hospital, Agartala and was declared “brought dead”.  

3. Ms. Ankita Debnath, daughter of deceased, lodged Ezahar with Bodhjung Nagar Police Station vide case No.2023BJN019.         

Summon was issued upon the O.P. but O.P. did not appear to contest the case. Hence, vide order dated 18/08/2023, the case has been proceeding ex-parte against the O.P.

5.  The Complainant has submitted evidence on affidavit along with documents i.e. Death Certificate of Kamal Debnath, Copy of FIR, Copy of P.M. examination report, Driving License of Kamal Debnath & Policy of Insurance.          

6.  It appears that Kamal Debnath had valid driving license and his motorbike was insured with the O.P. from 07/12/2022 till 06/12/2023 covering the death of accident on 06/03/2023. Premium was paid for P.A. covering Owner driver. As such we have no hesitation to conclude the O.P., Insurance Company is totally negligent in not paying the compensation to the claimant, being the wife of Kamal Debnath. Even the O.P., Insurance Company has failed to appear before this Commission also.     

7. In the result, it is ordered that the O.P., Insurance Company shall pay of Rs.15,00,000/- i.e. amount of P.A. coverage along with further compensation of Rs.15,000/- which is inclusive of litigation cost. Both the amount has to be paid within 30 days from today,  otherwise this amount shall carry interest @7.5% p.a. since 08/06/2023 i.e. the date of filing the case till the date of actual payment. 

        The case stands disposed off. 

        Supply two certified copies of this final order to the Complainant. 

      The Complainant shall send a copy of this final order to the O.P. by post for compliance of the order.  

 Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.