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Thread: Jyoti Motors, near Basti Jodhewal, Ludhiana

  1. #1

    Default Jyoti Motors, near Basti Jodhewal, Ludhiana


    Complaint no. 597 of 26.9.2007. Date of Order 18.3.2009.

    1- Mamta Rani wife of Sh. Shiv Kumar resident of H.No. 414, Street No.3, near Ranjit Singh Park, Ludhiana.

    2- Monika, aged 14 years daughter of Sh. Shiv Kumar;

    3- Sonia, aged 12 years daughter of Sh. Shiv Kumar;

    4- Raman, aged 10 years son of Sh. Shiv Kumar;

    5- Munish, aged 07 years son of Sh.Shiv Kumar;

    All rs/o of H.No.414, Street No.3, near Ranjit Singh Park, Ludhiana through claimant no.1, being mother and natural guardian.



    1- Jyoti Motors, near Basti Jodhewal, Ludhiana through its Managing Director.

    2- Hero Honda Motors Limited, F-126, Katwaria Sarai, opp. Qutab Institutional Area, New Delh-110 016.

    3- National Insurance Company Limited, Division VII, 50, Janpath, New Delhi- 110001. ….Opposite parties.



    Sh. T.N. Vaidya, President.

    Sh. Rajesh Kumar, Member.

    Present: Sh. Anil Kaushal Adv. for complainant.

    Sh. Varinder Mohan Gogna Adv. for opposite parties no.1 & 2.

    Opposite party no.3 exparte.

    O R D E R


    1- Sh. Shiv Kumar predecessor in interest of complainants, purchased motorcycle Passion Plus from opposite party no.1 and consequently, was enrolled in the scheme “Rista Dil Ka” by opposite party no.2. Opposite party no.2 issued passport no.04J09C54455, insuring Sh. Shiv Kumar upto 23.10.2007, after realizing premium of Rs.200/-. That passport as per scheme covered Sh. Shiv Kumar for Rs.1,00,000/- under personal accident insurance. Sh.Shiv Kumar while driving motorcycle no.PB-10BK-8791 on 24.9.2005, met with an accident near Sherpur Chowk, Ludhiana, at about 10.00 p.m., when was hit by bicycle from wrong side. He suffered injuries in the accident and taken to CMC Hospital, Ludhiana, where succumbed to injuries on 2.10.2005. Complainant incurred expenditure of Rs.41,433/- in the hospital. After death of Sh.Shiv Kumar, complainant no.1 being widow went to opposite party no.1, where file was prepared and sent to opposite party no.2, with copy to opposite party no.3-Insurance Company. But till today, they have failed to pay insurance amount of Rs.1,00,000/-, to which complainants are entitled. Hence, filed this complaint u/s 12 of the Consumer Protection Act, 1986, for payment of insurance amount of Rs.1,00,000/- with interest @ 12% p.a.

    2- Opposite party no.1 & 2 only contested the complaint by filing reply. They have submitted that complainants have not submitted required documents to the insurance company and instead, preferred to come to this Fora. Necessary documents such as detail of deceased’s passport, date of death, copy of passport, insurance claim duly filled, death certificate, postmortem report and FIR have not been made available. It is denied that Sh. Shiv Kumar under “Rista Dil Ka” scheme, was automatically covered under personal accident insurance worth Rs.1,00,000/-. Because nominee of the deceased has to fulfill certain conditions, as made on in the insurance cover, which have not been fulfilled. Rest of the allegations are denied.

    3- Opposite party no.3 did not contest the complaint and is being proceeded exparte.

    4- Contesting parties adduced evidence in support of their claims and stood heard through their respective counsels.

    5- In evidence, complainant tendered her own affidavit Ex.CW1/A and furnished copy of medical summary Ex.C1 alongwith other documents and copy of statement Ex.C3 of the ambulance driver, who took Sh. Shiv Kumar from place of accident on his ambulance to CMC, Ludhiana, Ex.C2 copy of rapat in P.P. Sherpur. Also, placed on record is Mark-A copy of accident claim and copy of application Mark-B addressed to opposite party no.3, giving passport no.04J09C54455 of the deceased.

    6- Opposite party no.1 & 2 have filed affidavit Ex.RW1 of Sh. Gurnam Singh its attorney, claiming that Sh. Shiv Kumar had declared his father as nominee, to receive the amount payable under the policy, in the event of his death(Ex.R1). This version of Sh. Gurnam Singh in affidavit Ex.RW1 goes to show that actually, on purchase of motorcycle from opposite party no.1, on account of passport number of Sh. Shiv Kumar, he was insured in case of accidental injuries in which, he nominated his father as beneficiary. So, we feel that there is force in claim of the complainant. By not clearing or deciding the claim, opposite party would be guilty in not rendering proper services to its own consumer.

    7- Therefore, we allow this complaint and as a result, direct opposite parties to decide accidental insurance claim of Sh. Shiv Kumar, as lodged by the complainants, within 60 days from the date of receipt of copy of order and during this period, if any documents or forms are to be filled, they may be got filled from the complainants through mother complainant no.1 and then in terms of insurance policy, shall pay admissible amount to them. In peculiar circumstances of the case, parties are left to bear own costs. Copy of order be made available to the parties free of charge. File be consigned to record room.

    Announced on 18.3.2009. T.N. Vaidya, President.

  2. #2
    Unregistered Guest

    Default about ur service

    dear sir,
    this is PRABHJOT SINGH, from ludhiana. i only want to tell u that ur service is so poor.
    please call me on ths no.9878490004

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