IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 30th day of November, 2016
Filed on 22..09..2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No. 301/2016
between
Complainant:- Opposite Party:-
Sri. H. Abdul Hameed 1. The Manager
Puthuvalpurayidam Reliance General Insurance
Seaview Ward, 2nd Floor, J.P. Tower
Alappuzha-688 012 Jetty Road, Alappuzha
2. The Manager
Reliance Insurance
Reliance Building
K.P. Vannan Road
Kadavanthara, Ernakulam
Kochi-682 020
-
Policies Services,
Reliance General Inusrance
1st Floor Virinjam Tower
Divison XLI Building
No.108 Residency Road
Kollam-691 001
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant is the Father of the deceased Jias. A.H. On 30/09/15, the complainant’s son while he was running his scooter through line Alappuzha – Kollam National Highway a Car hit the scooter there by he fell down and sustained serious injuries and on 1/10/2015 he died. Complainant’s son had taken an insurance policy with the opposite party. Even though the complainant lodged a claim for the assured amount, the same remain unsettled Alleging deficiency in service on the part of the opposite party the complaint is filed.
2. The notice issued against opposite party was served but they did not turn up. So opposite parties one to three were set ex-parte.
3. The complainant filed proof affidavit and the documents produced were marked as Ext.A1. to A6. Ext.A1 is the copy of the RC Book (Registration Certificate) of the vehicle number KL.04. AG5654. Ext.A2 is the policy certificate. Ext.A3 is the Driving License of deceased. Ext A4. is the copy of FIR (First Information Report). Ext.A5. is the letter dated 16/08/2016 sent by the complainant. Ext.A6 Post mortem certificate Dtd 1-10-2015. Ext.A7 is the Maadhyamam news paper Dtd. 2-10-2015.
4. The points came up for consideration are :-
(1) Whether there is any deficiency in service on the part of the opposite parties?
(2) Whether the complainant is entitled to get relief and cost?
5. According to the complainant his son had taken the policy with the opposite party. His son was died on road accident happened on 30-09-2015. Complainant produced the policy copy issued by the opposite party and it marked as Ext.A2. Ext.A2 shows that complainant’s son had taken a policy for the period from 26-12-2014 to 25-12-2015. In Ext.A2 policy under the title limits of liabilities it is stated that (a) Under Section -11-1(i) of the Policy - Death of or bodily injury to any person so far as it is necessary to meet the requirements of the Motor Vehicle Act 1988. (b) Under section 11(1) (ii) of the policy- Damage to property other than property belonging to the insured or held in trust or in the custody of control of the insured up to the limits specified Rs. 1 Lakh (1,00,000/-) PA cover for owner – driver under sect.111 CSI-Rs 1,00,000/-. Ext.A3 shows the deceased was having valid Driving License during the time of accident. Ext.A4 FIR shows that complainant’s son died due to the accident on 30-09-2015. Since the complainant’s son died due to an accident and the policy was in force the complainant is entitled to get personal accident cover under the policy. The repudiation of the claim by opposite party amounts to defect and deficiency in service.
In the result, the complaint is allowed. Opposite parties are directed to pay Rs. 1,00,000/- (Rupees One Lakh only) the assured amount and the compensation of Rs 10,000/- (Rupees Ten thousand only) within one month from the date of this order, failing which the opposite parties are directed to pay the assured amount with interest @ 9% per annum from the date of complaint till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in Open Forum on this the 30th day of November, 2016.
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/-Smt. Jasmine D (Member)
Appendix:
Evidence of the complainant:
Ext.A1- The Copy of RC Book
Ext.A2- Copy of Policy Certificate
Ext.A3- Deceased Driving License
Ext.A4- Copy of FIR
Ext.A5- Letter Dtd 16-08-2016
Ext.A6- Post mortem report
Ext.A7- Maadhyaman Daily news paper Dtd. 2-10-2015
Evidence of the opposite part:- Nil
//True copy//-
By Order,
To
Complainant/Opposite parties/SF. Senior Superintendent
Typed by: Br/-
Compd by:
