DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 368 of 2022

 

 

1. Smt. Uma Rani Debbarma,

W/O-Late Dhanendra Debbarma.

 

2. Mr. Lucky Debbarma,

S/O- Late Dhanendra Debbarma.

 

3. Smt. Madhulaxmi Debbarma,

M/O- Late Dhanendra Debbarma.

 

(Complainant No.2 being minor

shall be represented by the Complainant No.1) 

 

All are Residents of:- 

Bastali, Bisramganj,

P.S. Bisramganj,

District- Sipahijala, 

Tripura- 799103. …...............Complainants.

 

 

-VERSUS-

 

 

The Branch Manager,

 

 

 

 

 

 

 

 

  __________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 Opposite Parties : Sri Sampad Choudhury,

 

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. Uma Rani Debbarma(here-in-after called as the “Complainant No.1”) and Mr. Lucky Debbarma(here-in-after called as the “Complainant No.2”) and Smt. Mudhulaxmi Debbarma(here-in-after called as the “complainant No.3”) against the O.P. namely The Branch Manager, Shriram General Insurance Company Ltd.(here-in-after called the “O.P.”) alleging deficiency in service on the part of the O.P.

1.1 The fact of the case in brief is that on 20.05.2018 at about 15.30 hours  the complainant no.1 and her husband Lt. Dhanendra Debbarma(now deceased) while proceeding to their house towards Bisramganj riding Auto Rickshaw bearing No- TR 07-3411  met with an accident at Narjala village. As a result husband of the complainant no.1 received grievous head injury and shifted to Bisramganj PHC and thereafter referred to AGMC & GBP Hospital, Agartala but the attending Medical officer declared him dead. 

1.2 During the life time deceased Dhanendra Debbarma purchased the said auto rickshaw bearing No- TR 07-3411 which was duly insured with the O.P. Insurance company including P.A. cover for Rs.2,00,000/- bearing Policy No- 1003/31/19/028192 dated 06.04.2018.

1.3 Thereafter the complainant no.1 approached to the O.P. Insurance company for settling the claim and submitted all necessary documents. But the O.P. did not settle the claim by taking the plea that the claim file is under process. 

1.4 On 27.01.2022 the complainant no.1 sent a letter along with some documents through registered post but no positive reply received from the O.P.   

1.5 Thereafter, on many occasions the complainants verbally requested the O.P. to settle the claim but the O.Ps intentionally did not settle the claim of the complainants. 

1.6 Hence, the complainant filed this case before this Commission for getting redress claiming the Rs.4,50,000/- along with interest @ 12 %.

2. The case proceeded exparte against the O.P.  vide order dated 16.11.2022 as the O.P. failed to submit their written version after getting sufficient opportunity. 

3. Complainant no.1 submitted evidence on affidavit along with documents namely letter dated 27.01.2022, survival Certificate of the deceased/ Insured, Photocopy of the certificate cum Policy Schedule, Birth Certificate of the complainant no.2, Adhaar Card of the complainant no.1, 2 & 3, Registration Certificate of the vehicle, Photocopy of the Death Certificate, photocopy of F.I.R./Ejahar, Certified copy of Charge sheet.

4. On the basis of the pleadings, evidences produced by the complainant and hearing argument following points are taken up for discussion and decision:-

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

5.1 It is admitted fact that the husband of the complainant no.1 died in an accident while riding auto rickshaw bearing no- TR -07 3411 on 20.05.2018. 

5.2 At the time of accident the driver, Ranjit Debbarma was driving the auto rickshaw. F.I.R. was also registered against the Driver, Ranjit Debbarma on 03.06.2018 vide No. 2018/BRG/036 dated 03.06.2018 U/S 279/304 (A) IPC. Charge sheet is also submitted  against the driver, Ranjit Debbarma.

5.3 We have gone through the documents submitted by the complainants. The complainants in the  complaint petition stated that on 27.01.2022 she sent letter along with documents and from the track consignment report submitted by the complainant we found that the same was received by the O.P. on 31.01.2022 but they did not settle the claim till date.

5.4 From the Policy Certificate we found that the P.A. Cover for owner-driver is Rs.2,00,000/- w.e.f. 06.04.2018 to 05.04.2019 and the accident occurred on 20.05.2018 covering the period of accident. 

5.5 The Insurance company for no valid reason settled the claim of the complainant. Hence, the O.P. is deficient in rendering service to the complainants. The complainants are entitled to get the P.A. Coverage for Rs.2,00,000/- from the O.P. Insurance company.

6. Both the points are decided accordingly.

 

7. In the result, it is ordered that the O.P. Insurance company shall pay the sum of Rs.2,00,000/- to the complainants with interest @ 7.5% P.A., from the date of filing the case i.e., 30.07.2022 till the date of actual payment. The O.P. is further directed to pay a sum of Rs.20,000/- as compensation for deficiency in service to the complainants.

8. The case stands disposed of. Supply copy of this Final Order free of cost to both the parties. 

 

 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