Appeal No. FA/2016/399. Case: Branch Manager, Bharti Axa General Insurance Company Limited Vs Naresh Kumar Khande. Chhattisgarh State Consumer Disputes Redressal Commission
| Case Number | Appeal No. FA/2016/399 |
| Counsel | For Appellant: Manoj Prasad, Adv. |
| Judges | R.S. Sharma, J. (President), Heena Thakkar, D.K. Poddar and Narendra Gupta, Members |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 154, 91; Consumer Protection Act, 1986 - Sections 12, 13, 13(2)(a), 21(b) |
| Judgement Date | January 04, 2017 |
| Court | Chhattisgarh State Consumer Disputes Redressal Commission |
Order:
R.S. Sharma, J. (President)
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This appeal is directed against the order dated 11.05.2016, passed by the District Consumer Disputes Redressal Forum, (C.G.) (henceforth called "District Forum") in Complaint Case No. 598/2015. By the impugned order, the District Forum, has partly allowed the complaint of the complainant and directed that:-
(a) The O.P. will pay within a period of one month from the date of order a sum of Rs. 50,000/- (Rs. Fifty Thousand) along with simple interest @ 12% p.a. from date of filing of the complaint i.e. 08.10.2015 till date of payment, to the complainant.
(b) The O.P. will pay a sum of Rs. 10,000/- (Rupees Ten Thousand) towards compensation for mental agony to the complainant.
(c) The O.P. will pay a sum of Rs. 2,000/- (Rupees Two Thousand) towards advocate fees and cost of litigation to the complainant.
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Briefly stated the facts of the complaint of the complainant are that the complainant purchased a two wheeler vehicle bearing chassis No. 11368 and engine No. 99102, which was insured with the O.P. under Comprehensive Insurance Policy. Later on the said vehicle was got registered in the name of the complainant and the registration No. is C.G.04-H.S. 4606 which is registered with R.T.O. Raipur. The O.P. issued insurance policy No. F.T.W./I 1699761/C-1/07/K1C113 which was effective for the period from 01.08.2014 to 31.07.2015. At the time of obtaining policy, the O.P. received a sum of Rs. 50/- towards P.A. claim from the complainant, according to which in case of death of owner of vehicle or driver and injuries to the body, the O.P. will pay Rs. 1,00,000/- to the concerned person towards P.A. Claim. The complainant was working as labour (hamal) in Ware House, Abhanpur. On 14.02.2015 at about 7.30 P.M., when he was returning to his home by motorcycle Bajaj Platina having bearing registration No. C.G.04-H.S.-4606, near Champaran road, driver of vehicle safari who was driving the vehicle rashly and negligently dashed his vehicle due to his motor vehicle was damaged and the complainant sustained grievous injuries in his right leg, right hand. The complainant was brought to Government Hospital, Abhanpur, where the right leg of the complainant was cut and his right hand was permanently disabled. The complainant was taking treatment, therefore, delay was occurred in lodging police report. After taking treatment, the complainant went to Police Station, Abhanpur, District Raipur, where First Information No. 103/2015 was registered. Due to above incident, the complainant became permanently disabled, it means he became 100% disabled. The complainant was doing labour work and was earning his livelihood. Due to above incident, the financial condition of the complainant became poor. The financer had forcefully repossessed the vehicle and sold the same. The complainant contacted the O.P. for getting P.A. claim of Rs. 1,00,000/-, but the O.P. always avoided to make payment thereof. The O.P. is liable to pay the P.A. claim to the complainant because at the time of incident, the policy was valid and was in existence. The complainant sent legal notice to the O.P. on 19.09.2015 through advocate, which was served on the O.P., but the O.P. did not pay the said amount to the complainant. Hence, the complainant has filed consumer complaint...
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