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SC/5/A/155/2022 National Insurance Co. Ltd. 06.04.2026 Vs.

Smt. Sanyogita

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTARAKHAND, DEHRADUN

Date of Institution : 07.09.2022 Date of Final Hearing : 24.03.2026

Date of Pronouncement : 06.04.2026

SC/5/A/155/2022

National Insurance Co. Ltd.

Registered & Head Office at 3 Middleton Street, Kolkata Through Regional Manager (Legal)

Regional Office at Jai Plaza, 56, Rajpur Road, Dehradun (Through: Sh. Rahul Gupta, Advocate)

….Appellant

VERSUS

Smt. Sanyogita W/o Late Sh. Subhash Chand R/o Vill. Chudiyala Maheshwari

Tehsil Bhagwanpur, District Haridwar (Through: Sh. Shree Gopal Narson, Advocate)

…. Respondent

Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Mr. C.M. Singh, Member):

This appeal has been directed against judgment and order dated

24.06.2022 passed by the learned District Consumer Disputes Redressal Commission, Haridwar in consumer complaint No. 73 of 2021 styled as Smt. Sanyogita Vs. National Insurance Co. Ltd., wherein and whereby the District Commission has allowed the complaint directing the opposite party to pay insured amount of Rs. 15,00,000/- together with interest @ 6% per annum from the date of filing of consumer complaint, i.e. 27.02.2021 till

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SC/5/A/155/2022 National Insurance Co. Ltd. 06.04.2026 Vs.

Smt. Sanyogita

its actual payment and Rs. 25,000/- towards compensation and Rs. 25,000/- as litigation expenses and counsel fee to the complainant, within one month

from the date of judgment and order.

2. The facts giving rise to the present appeal, in brief, are as such that Late Sh. Subhash Chand, husband of the complainant, had obtained an insurance policy bearing No. 462204311910001023 from the opposite party – National Insurance Co. Ltd. in respect of his Mahindra Car bearing registration No. UK17-C-6808. The said policy covering the risk of owner- cum-driver was valid from 21.10.2019 to 20.10.2020. During the currency of the said policy, on dated 02.12.2019, the deceased left his residence in the insured vehicle for some work, but did not returned that night. Subsequently, an information was received from the police station, Fatehpur, District Saharanpur, Uttar Pradesh that dead body of the husband of complainant had been found inside the said vehicle, parked on Saharanpur-Dehradun road side near village Nanka. In this regard, the complainant’s son lodged a Tehreer on dated 03.12.2019, upon which a Crime No. 0444 was registered. It is the case of the complainant that since the deceased had gone in the insured vehicle and his body was found on the driver seat, his death occurred during the course of driving the insured vehicle which is covered under the policy in question. Accordingly, a claim of Rs. 15 Lacs under Personal Accident Policy was submitted before the opposite party alongwith requisite documents. However, the opposite party repudiated the complainant’s claim vide letters dated 29.07.2020 & 31.08.2020 respectively. The complainant alleged that the repudiation is arbitrary and contrary to the terms of the policy, as the death has wrongly not been treated an accident. It is contended that due to such wrongful denial, the complainant and her family suffered from mental, physical and

financial hardship and present a complaint for seeking appropriate relief.

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SC/5/A/155/2022 National Insurance Co. Ltd. 06.04.2026 Vs.

Smt. Sanyogita

3. The opposite party in its written statement denied all the allegations of the complaint. It was contended that the complaint is devoid of any cause

of action and is liable to be dismissed.

4. The District Commission after hearing both the parties and after taking into consideration the evidence and material available on record, passed the impugned judgment and order on dated 24.06.2022 and allowed

the complaint in above terms.

5. Aggrieved by the aforesaid judgment and order of the District Commission, opposite party – Insurance Company has preferred the present appeal as appellant alleging that the imp