DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 69 of  2023

 

1. Smt. Priti Barman,

W/O- Late Ajoy Das,

 

2. Smt. Sumitra Das,

W/O- Late Guru Charan Das,

 

Both are residents of :-

Rambabu Para, Krishnapur,

P.S. & P.O. Teliamura,

District- Khowai Tripura,

Pin- 799205. ...........Complainant.

 

-VERSUS-

 

The Branch Manager,

Liberty General Insurance Company Limited,

1st Floor,  Building No. 543, Math Chowmuhani, 

College Road, P.S. East Agartala,

District- West Tripura,

Pin- 799001. ..........Opposite Party.

 

   

________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  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. : Sri Shubhajit Chakraborty,

 

 

 

F I N A L    O R D E R

1. This case is filed U/S 35 of the Consumer Protection Act, 2019 by Smt. Priti Barman and Smt. Sumitra Das of Teliamura, Khowai Tripura here-in-after called the “complainants” against the Branch Manager, Liberty General Insurance Company Limited, Math Chowmuhai, West Tripura, here-in-after called the “O.P.” alleging deficiency in service on the part of the O.P.

1.1 The case of the complainants in short is that Priti Barman and Sumitra Das wife & mother respectively of the deceased Ajoy Das has filed this complaint seeking compensation of P.A. coverage as Ajay Das while driving his motor cycle No. TR06 C 6855 met with an accident on 26.09.2022 at Baramura Eco Park. While Ajay was cross from Teliamura to Agartala by driving his bike, an unknown vehicle dashed him from behind and fled away. Ajay was taken to Teliamura hospital but considering the nature of his injuries he was referred to AGMC & GBP Hospital, Agartala where he succumbed to his injuries on 26.09.2022.

1.2 FIR was lodged on 14.10.2022 with the O/C, Teliamura P.S. 

1.3 On 17.10.2022  written intimation was given to the Insurance Company but no relief was given.  

1.4 On 10.05.2023 Legal Notice was served  claiming compensation but to no good.

1.5 Hence, this complaint.

 

2. The O.P. Insurance Company submitted written objection challenging the maintainability of the case as no valid contract of Insurance was existed on the date of accident.

 

3. Both the parties submitted evidence on affidavit with documents.

 

4. Hearing argument following points are taken up for discussion and decision:-

 

Decision and reasons for decision:-

5. Both the points are taken up together for discussion and decision.

5.1 The petitioners has successfully proved the accident and consequent death of Ajay Das by submitting the death Certificate, copy of Post Mortem Certificate and copy of FIR lodged with the O/C, Teliamura P.S. 

5.2 On perusal of the policy of Insurance, we find that the period of insurance for own damage was from 17.03.2021 to 16.03.2022  and for 3rd party liability from 17.03.2021 to 16.03.2026 and for P.A. coverage the policy of insurance was valid from 17.03.2021 to 16.03.2022. Therefore, on the date of accident and consequent death i.e., 26.09.2022 no contract of insurance existed  for P.A. coverage. Therefore, we find no deficiency in service on the part of the O.P. Insurance company. 

6. Both the points are decided accordingly.

7. The case stands dismissed. 

8. Supply copy of this Final Order free of cost to the parties.

 

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.