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M. B. Desai
CC-11-03
Page 1 of 13
Details
DD MM YY
Date of Judgment
04 03
2021 Date of filing
01 01
2011 Duration
03 02
2010 IN THE CONSUMER DISPUTES REDRESSAL COMMISSION,
GUJARAT STATE AT AHMEDABAD.
Complaint No. 03 of 2011
[Virtual Hearing]
Court no. 1
Mahendrabhai Lallubhai Patel,
02, Gopinarh Flats, Opp. Radio Station,
Bhatar Road, Surat-395 001.
Complainant
Vs.
TATA AIG Gen. Ins. Co. Ltd.
2nd Floor, Abhijit-III,
Opp. Mayor’s Bunglow, Mithakhali Six Roads,
Ahmedabad.
…Opponent
Complainant- Learned advocate Mr. R. V. Sakaria
Opponent– Learned advocate Mr. V. P. Nanavaty
Coram :
Justice V. P. Patel, President
Dr. J.G.Mecwan, Member
Order by Dr. J.G.Mecwan, Member
1.
Short facts giving rise to the present complaint are as
under: The complainant is a qualified doctor and practicing as a
doctor at Surat. He is nominee under personal accident of his
brother issued by the opponent.
Facts of the complaint:
2. It is the submission of the complainant that complainant's
brother late Mr. Narendra L. Patel had obtained Personal
Accident Policy bearing no. 0250005968 01 for the period of
24/09/2008 to 23/09/2009. This policy was a renewal of
previous policy no. 0250005968 00 having sum insured Rs.
M. B. Desai
CC-11-03
Page 2 of 13
10,00,000/- for period of 24/09/2007 to 23/09/2008. It is the
submission of the complainant that insured late Mr. Narendra
L. Patel got the sum insured increased from Rs. 10,50,000/- to
Rs.35,00,000/- by paying endorsement premium Rs.3,006/- on
12.01.2009.It is the submission of the complaint that in the
said policy the complainant himself is a nominee. During
subsistence
of
policy
the
insured
person
hit
by
*-an
unidentified/untraced vehicle and died on the spot of accident
on 08.01.2009 at 08:00 PM near village Kani & Bid, Ta:
Mahuva, Dist: Surat. and thereafter complainant lodged FIR in
Mahuva Police Station on the same day. It is the submission of
the complainant that the police authority after registering crime
vide I Crime Register No.1/09 under IPC 279, 304 A, and M. V.
Act 177, 184 and 134 and visited the place of accident and sent
the body for post mortem at C.H.C. Mahuva where Dr. P. R.
Chaudhary, the Medical Officer performed Post Mortem of dead
body on 08.01.2009 between 10.45 PM to 11.40 PM.
2.1 It is the submission of the complainant that Inquest
panchnama was made on 08.01.2009 between 21:00 Hrs. to
21:30 and panchnama of place of accident was made by police
authority on 09.01.2009 between 7:30 AM to 8:15 AM.
2.2 It is the submission of the complainant that the all
documents along with the claim form submitted to the opponent
and the investigator appointed by them. But after complying all
the queries and submitting all documents the complainant kept
on waiting for payment of claim by the opponent Thereafter, he
received a letter dated 13.07.2009 from the opponent whereby
denying their liability under personal accident policy on false,
flimsy, fabricated, unwarranted, illegal, unjust and whimsical
reasons.
2.3 It is submitted by the complainant that the act of the
opponent was absolutely arbitrarily it clear-cut approach of
M. B. Desai
CC-11-03
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unfair trade practice hence, the complainant has filed present
consumer complaint before State Commission under the
provision of Consumer protection Act, 1986 and prayed as
under:
(1) Pay Rs. 35,00,000/- with 18% annual interest as per
IRDA guidelines.
(2) Pay Rs. 1,00,000/- to the complainant as compensation
for harassment and hardship caused to the complainant.
(3) Pay any such other amount as this commission is
pleased to find just and proper to the complainant
3. The State Commission has admitted the complaint, notice
was duly served to the opponent and Ld. advocate Mr. V. P.
Nanavaty, has filed his appearance for the opponent.
Defense of the Opponent:
4. Opponent has filed written statement wherein, it has been
