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CHHATTISGARH STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
PANDRI, RAIPUR (C.G).
Appeal No.FA/15/238
Instituted on : 15.06.2015
Aganu alias Aghanu, Age 45 years,
S/o : Sitaram,
R/o : Village Bharatpur,
Police Station & Tehsil Lakhanpur,
District – Surguja (C.G.)
… Appellant.
Vs.
1. I.C.I.C.I. Lombard General Insurance Co. Ltd.,
Zenith House, Kesharrao Khadye Marg,
Opposite Race Course, Mahalaxmi,
Mumbai 400 034
2. I.C.I.C.I. Lombard General Insurance Co. Ltd.,
Vanijya Bhawan, Devendra Nagar,
Raipur (C.G.)
… Respondents.
PRESENT: -
HON’BLE JUSTICE SHRI R.S.SHARMA, PRESIDENT
HON’BLE MS. HEENA THAKKAR, MEMBER
HON’BLE SHRI D.K. PODDAR, MEMBER
HON'BLE SHRI NARENDRA GUPTA, MEMBER
COUNSEL FOR THE PARTIES: -
Shri R.K. Bhawnani, for the appellant.
Shri Deepak Diwan, for the respondents.
O R D E R
Dated : 01/12/2015
PER :- HON’BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT.
This appeal is directed against the order dated 06.05.2015,
passed by District Consumer Disputes Redressal Forum, Surguja –
Ambikapur, (henceforth called "District Forum") in Complaint Case
// 2 //
No.CC/2015/02. By the impugned order, the District Forum has
dismissed the complaint of the appellant (complainant).
2. Briefly stated, the facts of the case are that the vehicle Hero
Honda C.D. Delux bearing engine No.HA11ECB9G01680 and Chassis
No.MBLHA11EMB9G00754 of the son of the appellant (complainant),
was insured with the respondent No.2 (O.P.No.2). and the appellant
(complainant) paid the premium amount to the tune of Rs.1,081/-.
The vehicle was insured with the respondent No.2 (O.P.No.2) for the
period from 25.10.2011 to 24.10.2012. The respondents (OPs) provided
insurance policy to the appellant (complainant). Under the insurance
policy, in case of accident of the vehicle and death of the owner of the
vehicle, a sum of Rs.1,00,000/- was payable. The deceased Bhola Ram
was an expert driver. On 11.12.2011, the son of the appellant
(complainant) was returning to his home towards Bilaspur road in his
own vehicle and when he reached near Kewri turning, the driver of an
unknown vehicle which was coming from opposite direction and who
was driving the vehicle rashly and negligently dashed the vehicle of
Bholaram, due to which driver of the vehicle as well as pillion riders
died. The First Information Report was registered at Police Station,
Lakhanpur. The appellant (complainant) is a villager and is not a
well qualified person, therefore, he could not know regarding the
insurance risk and as and when he came to know regarding the
// 3 //
insurance policy, he gave intimation to the respondents (OPs)
regarding death of his son for obtaining sum assured and the appellant
(complainant) requested the respondents (OPs) to pay the sum
assured under the terms and condition of the insurance policy, but the
respondents (OPs) did not make payment of the sum assured in spite
of received premium, which shows deficiency in service on their part
and the respondents (OPs) committed unfair trade practice by not
paying the sum assured. The appellant (complainant) sent notice
through advocate to the respondents (OPs) to pay the sum assured.
As per terms and conditions of the insurance policy, the appellant
(complainant) is entitled to get the sum assured and the respondents
(OPs) are liable to pay the same to the appellant (complainant).
Therefore, the appellant (complainant) filed consumer complaint
before the District Form and prayed for granting reliefs, as mentioned
in the complaint.
3. The respondents (OPs) filed their written statement and averred
that the Insurance Company issues insurance policy with the consent
of the owner of the vehicle and original insurance certificate along
with terms and conditions of the insurance policy is provided to the
owner of the vehicle. In the instant case, it is not accepted that the
vehicle
