FIRST ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 21.03.2022 Date of Reserve : 18.05.2023 Date of Decision : 29.05.2023 United India Insurance Company Limited, Branch Office 1, Syal House, 3^rd Floor, Lajpat Nagar Market, Jalandhar, through its Branch Manager through Mrs. Shama Arora, Assistant Manager (Legal) having its Regional Office at 136, Feroze Gandhi Market, Ferozepur Road, Ludhiana. ….Appellant/Opposite party Versus

1. Dalbir Kaur @ Dalvir Kaur aged about 32 years, Wd/o Nasib Chand @ Nasib Dass

2. Navdeep (minor) aged about 12 years S/o Late Sh.Nasib Chand @ Nasib Dass, (Complainant No.2 through Complainant No.1 being his mother and natural guardian)

Both residents of VPO Kaluwahar, Tehsil & District Hoshiarpur, Punjab.

…….Respondents/Complainants First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 23.12.2021 of the District Consumer Disputes Redressal Commission, Hoshiarpur.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.V.M.Gupta, Advocate For the respondent : Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite party–United India Insurance Company Limited against the order dated 23.12.2021 passed by the District Consumer Disputes Redressal Commission (in short ‘District Commission’), Hoshiarpur, whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was decided and following directions were issued to the opposite party:

“As such, the complainants are held entitled to Rs.1,00,000/- being sum assured alongwith interest @9% per annum from the date of repudiation namely 19.03.2018 till its realization besides Rs.20,000/- as compensation and hardship undergone by the complainant and Rs.10,000/- as litigation expenses.”

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint filed by the complainant are that the Naseeb Chand @ Nasib Dass was the owner of motorcycle No.PB-07-N-5673, which was registered on his name. The motorcycle was insured with the opposite party qua third party. Also premium of Rs.790/- was charged and the policy bearing No.2013013117P110370041 for the period 21.12.2017 to 20.12.2018. At the time of issuing the policy, it was informed that this policy also covers the accidental death to the tune of Rs.1,00,000/-. The Insurance Policy covers the personal accident insurance of owner-cum-driver for Rs.1,00,000/-. On 07.01.2018, Nasib Chand, while driving the said motorcycle met with the accident in the area of Village Pajjoditta on Bhogpur-Bullowal Road and in the said accident he sustained the injuries, for which the FIR was also registered in the Police Station Bullowal, District Hoshiarpur. After the death of Naseeb Chand, a personal accident claim was filed with the opposite party on 16.03.2018 but the said claim was repudiated, vide letter dated 19.03.2018 on the grounds that policy does not cover the accident of owner driver nor any premium qua the same was paid. The repudiation is totally illegal and against the provisions of Indian Motor Tariff. In the Indian Motor Tariff, personal accident covers of owner and driver compulsorily and the policy was also issued on the same analogy and if any lapse committed by the Insurance Company regarding the terms and conditions then repudiation of the claim of the complainant is totally illegal and the Insurance Company is liable to indemnify the successor of the deceased in the personal accident case. Alleging deficiency in service and unfair trade practice committed by the opposite party for non-payment of the claim, the complainant has filed the complaint seeking following reliefs:

i) to pay Rs.1,00,000//- being personal accident insurance claim;

ii) to pay Rs.50,000/- as c