DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 47 of 2023.

1. Jamana Khatun,

W/O. Late Alamgir Hosen,

R/O. Bholananda Palli,

P.S.-New Capital Complex, Agartala,

P.O.-Kunjaban, Pin-799006,

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

 

-VERSUS-

 

1. Reliance General Insurance Company Ltd.,

(To be represented by its Divisional Manager).

Office Address: Shriram Building,

602/N and 602/J, 3rd Floor, 

Ker Choumuhani, T.G. Road, Agartala,

P.S.-West Agartala, Pin-799002,

Dist.-West Tripura.…...................................................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. 

 

 

Jamana Khatun, wife of Late Alamgir Hosen has lodged this complaint on the allegation that in the night of 24/12/2022 when Alamgir Hosen had been returning home after his days work, near Lake Chowmuhani, Agartala, he meet with an accident and fell down from his motorbike. He was shifted to G.B. Hospital, Agartala and thereafter Alamgir Hosen was shifted to ILS Hospital, Agartala for better treatment and continued his treatment in ILS Hospital till 28/12/2022. But due to financial crisis the victim was again shifted to G.B. Hospital wherein he died on 01/01/2023. 

 

2. Police information was lodged on 31/01/2023. Thereafter P.A. coverage of Alamgir Hosen was claimed with the O.P., Insurance Company as the vehicle was duly insured with the O.P. from 28/02/2019 to 27/02/2024. But the O.P. illegally refused to pay on the ground of delayed claim. 

 

3.  Summon was duly issued upon the O.P. but O.P. in spite of receiving summon failed to appear and contest the case. As such, vide order dated 22/08/2023, the case has been proceeding ex-parte against the O.P.

 

4.  The Complainant has submitted evidence on affidavit along with documents i.e. Copy of Death Certificate of Alamgir Hosen, Copy of P.M. Certificate of Alamgir Hosen, Copy of Registration of unnatural death, Copy of FIR East Agartala P.S., Policy of Insurance of the motorbike & Driving License of deceased Alamgir Hosen.

          

5.  From all these documents, we find that the vehicle of Alamgir Hosen was duly insured with the O.P., Insurance Company. Alamgir Hosen had valid driving license covering the death of accident and from the FIR and P.M. report, we have no hesitation to conclude that Alamgir Hosen died in vehicular accidental injuries suffered in the night of 24/12/2022. The O.P. had no reason to repudiate the claim on the ground of alleged delayed claim as police information was lodged and there was only a few days delay in lodging the claim for which it could not be said that the Complainant manufactured a false case as we find from all the documents submitted by the Complainant.     

6. In the result, it is decided that the O.P., Insurance Company shall pay of Rs.15,00,000/- (Rupees fifteen lac) only i.e. the amount of P.A. coverage of Alamgir Hosen along with further sum of Rs.15,000/- (Rupees fifteen thousand) only as compensation for deficiency in service 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. from today till the date of actual payment. 

        The case stands disposed off. 

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

      The Complainant shall communicate one copy of this final order to the O.P., Insurance Company for timely compliance.  

 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.