VANDANA VERMA W/O. LT. SANJAY VERMA, BIJAWAR NAKA SAGAR ROAD, CHHATTARPUR MADHYA PRADESH Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Late Shri Sanjay Verma, husband of the complainant/petitioner, owned a car which he had got insured with the respondent. On 21.9.2008, the aforesaid car met with an accident and the husband of the complainant died in that accident. The case of the petitioner/complainant is that information of the accident was given to the insurer after 5-6 days and one Mr. Panjwani was appointed as the Investigating Officer to inspect the site, take photographs and assess the loss. The aforesaid policy also provided a Personal Accident Cover of Rs. 2.00 lacs to the insured, provided he was himself driving the vehicle at the time of the accident and was holding a valid driving license at that time. The grievance of the petitioner/complainant in the subject complaint was only with respect to non-payment of the personal accident benefits of Rs. 2.00 lacs. The petitioner/complainant claimed the aforesaid amount along with interest and compensation, thereby making an aggregate of Rs. 3,46,500/-.

(2.) The complaint was resisted by the respondent, which denied having received any information of the accident from the complainant 5-6 days after the accident and alleged that no claim having been lodged with it, the complaint was premature. It was also alleged that the complainant had failed to produce the driving license of the deceased.

(3.) The District Forum having ruled in favour of the complainant and having directed payment of Rs. 2.00 lacs along with interest, compensation quantified at Rs. 10,000/- and the cost of litigation quantified at Rs. 5,000/-, the insurer approached the concerned State Commission by way of an appeal. The appeal was allowed by the State Commission on the ground that the complainant had failed to prove that the deceased was holding a valid driving license at the time of the accident. Being aggrieved, the petitioner/complainant is before this Commission by way of this revision petition.