NEW INDIA ASSURANCE CO LTD Vs. PARDEEP SINGH

JUDGEMENT

(1.) The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act), has been filed against the order of the State Consumer Disputes Redressal Commission, Haryana, Panchkula (for short "the State Commission") dated 14.03.2018 in Appeal No.809 of 2017 filed by the Complainant against the order of the District Consumer Disputes Redressal Forum, Jind (for short "the District Forum") dated 30.05.2017 in Complaint No.121 of 2015 whereby his Complaint was dismissed.

(2.) The State Commission, while allowing the Appeal, issued the following directions:

(3.) Brief facts of the case are that the Respondent, i.e., the Complainant Pardeep Singh is the registered owner of car vehicle (Maruti Ritz) bearing registration No.HR-31H-9212. This car was insured with the Petitioner vide insurance policy No.31260031140101817925. The policy was valid for the period from 31.07.2014 to 30.07.2015. The premium was paid on the Insured Declared Value (IDV) Rs.5,16,093/-. During the validity of this policy, i.e., on 05.01.2015, Ramphal father of the Complainant, Seema wife of Complainant, Atma, Ms. Akshi daughter of Complainant, Akshat son of Complainant, Isha daughter of Complainant and Dhyan Singh son of Sunehra were travelling in the insured car on their way to Jind after attending a marriage party of Aman son of Kanwar Sahab at Village Dilluwala, District Jind. Mr. Deepak was driving the said vehicle. This vehicle met with an accident on account of a blue bull (neel gai) suddenly coming in front of the car on the road. It was badly damaged. Another car which was also being driven along with this car reached there and immediately, the injured were shifted to General Hospital, Jind. The matter was reported to Police Station and the entries were made in the daily diary registered at serial No.18 maintained in the Police Station, Sadar, Jind. In this accident, Ramphal, father of the Complainant succumbed to his injuries received in the accident. A young child Akshat, aged 2 yrs. old also received severe injuries on his body including the head injury and remained in the Hospital at Rohtak from 6th January 2015 to 12th January 2015 and thereafter, he was shifted to various other Hospitals at Jind for his treatment. The Complainant submitted in his claim with the Petitioner and submitted all the relevant documents and estimate of loss caused to him. On March 17, 2015 Petitioner on the assurance that his claim to the tune of Rs.4,84,322/- has been passed, took his consent letter in the form of an affidavit. However, vide letter dated 31.08.2015, the claim of the Respondent/Complainant was repudiated on two grounds. First that there was a delay of 10 days in informing the Insurance Company and second that 8 persons were travelling in the vehicle at the time of accident and hence, there was violation of terms and conditions.