Compulsory Personal Accident (CPA) cover for an owner-driver is a mandatory statutory requirement under the Insurance Regulatory and Development Authority (IRDA) guidelines and Indian Motor Tariff, and any failure by an insurer to provide such cover constitutes a deficiency in service.

ORDER

JUDGMENT & ORDER

Heard Learned Counsel, Mr. A. Das appearing on behalf of the appellant-Insurance Company. Also heard Learned Counsel, Mr. S. Choudhury appearing on behalf of the respondent-complainant.

2. This appeal is preferred challenging the final order dated 13.06.2025 passed by the District Consumer Disputes Redressal Commission, West Tripura, Agartala in connection with case No.CC 135 of 2024.

3. By the said final order, the District Commission allowed the complaint petition filed by the respondent-complainant and directed the appellant-Insurance Company to pay the insured sum of Rs.15,00,000/- with interest @7.5% per annum from the date of filing the complaint petition before the District Commission i.e. w.e.f. 26.11.2024 and also to pay a sum of Rs.3,00,000/- as compensation towards mental agony and harassment with further sum of Rs.50,000/- towards cost of the litigation with an additional interest @9% per annum.

4. Taking part in the hearing, Learned Counsel for the appellant-Insurance Company drawn the attention of this Commission that the final order dated 13.06.2025 passed by the District Commission suffers from infirmity because as per the policy coverage, the Compulsory Personal Accident (for short, CPA) was paid for a specified period i.e. from 27.05.2022 to 26.05.2023 and the alleged accident took place on 22.02.2024. Learned Counsel further submitted that there is no evidence on record that any CPA was paid for the said period and as such, the impugned final order needs to be interfered with. Finally, Learned Counsel for the appellant-Insurance Company urged for allowing this appeal.

5. On the other hand, Learned Counsel for the respondent-complainant submitted one written note wherein it is mentioned that the deceased husband of the respondent-complainant namely, Narayan Paul was the registered owner-cum-driver of the vehicle bearing No. TR01 AS 5684 which was insured with the appellant-Insurance Company and the policy was valid w.e.f. 27.05.2022 to 26.05.2027. It is further mentioned in the written note that the deceased also had valid driving license bearing No. TR0120200013211 and according to Indian Motor Tariff the deceased squarely falls under the definition of “Owner-Driver” under General Regulation 36 (GR.36) of the Indian Motor Tariff , thus he is entitled to the benefit of CPA which is mandatory under GR.3 of the said Tariff.

It was further submitted by Learned Counsel for the respondent-complainant that on 22.02.2024, at about 11:30 hours, the husband of the respondent-complainant namely, Narayan Paul was proceeding from Agartala towards his residence at Tulabagan, Mohanpur area by riding his motor cycle bearing Registration No.TR01 AS 5684. While he reached near Lembucherra Chowmuhani, his motor cycle met with an accident as a result of which the deceased sustained severe grievous injuries on multiple parts of his body. Immediately thereafter, with the assistance of local people, he was shifted to AGMC & GBP Hospital, Agartala for better treatment. However, despite continuous medical intervention, he succumbed to his injury on 22.02.2024. After that, the father of the deceased laid an F.I.R. to O/C Lefunga Police Station and accordingly a police case was registered.

It was further submitted that the respondent-complainant after the accident approached the appellant-Insurance Company for settlement of the claim under CPA coverage but that was denied and as such, the respondent-complainant filed the complaint before the District Commission. Learned Counsel at the time of hearing also