NEW INDIA ASSURANCE CO LTD Vs. HEM RAJ

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Sec. 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Punjab (hereinafter referred to as the "State Commission") in Appeal No. 839/2016 dated 28.04.2017.

(2.) In the Complaint, it was stated by the Complainant/Respondent that he was owner of Mahindra Pick-up Vehicle bearing Registration No. PB-19H-2461. The aforesaid vehicle was insured with the Petitioners from 31.03.2014 till 20.03.2015, vide Insurance Policy No. 36060231130100003910, valid in India as well as Nepal. The vehicle was driven by Amritpal who, along with some other persons, went to Nepal to attend Beas Satsang. On 11.09.2014, unfortunately, the vehicle met with an accident at 10 am at Gorh Chowk, Ward No. 4, Gram Vikas Samiti, District Bardia Belva (Nepal). FIR No. 21 dated 14.09.2014 was lodged at District Incharge Bardia, District Bardia(Nepal). In this accident Smt. Santliya Tharu W/o Ram Parshad Tharu, resident of Ward No.7, Gram Vikas Samiti, District Banke Titeeherea Nepal died and Ram Parshad Tharu was injured. Ram Prashad Tharu was referred by the local Hospital to Charak Hospital & Research Centre, Lucknow (India) for medical treatment. The treatment expenses of INR Rs.4,09,000.00 was borne by the Respondent. It was further stated that as per order/challan No. 799 dated 18.09.2014 of District Administration Office, Gularai (Bardia) under Home Ministry of Nepal Government, Mr. Jeet Bahadur Tharu, the only son of Ram Prashad Tharu and Santliya Tharu, was paid Rs.5,00,000.00 (Nepal Currency) as death claim of Santliya Tharu by Rajinder Kumar representative of the Respondent and Rs.24,000.00 (Nepal Currency) for transport of the dead body and other funeral rituals of late Santliya Tharu. It was also pleaded that pursuant to an order dated 01.11.2014 of crime investigation Branch Bardia, District Incharge, Home Ministry Nepal 4,80,000.00 (Nepal Currency) (INR 3,00,000) was paid by the Respondent through his representative Mr. Sukhdeep Singh to Mr. Jeet Bahadur Tharu as full and final settlement. As per the Respondent, he had totally paid 16,58,400.00 (in Nepal Currency) i.e. INR Rs.10,36,500.00 (in Indian Currency). The Respondent submitted the original documents, vide receipt dated 28.10.2014, to the Petitioners and sent emails/letters to them to pay the said amount to the Respondent but the Petitioners refused to pay the amount. Thus, the Complaint was filed by the Respondent alleging deficiency in service on the part of the Petitioners.

(3.) The Petitioners filed Written Statement in which they contended that the Respondent had no locus standi and cause of action to file the Complaint as it was pre-mature. The Petitioner made it clear that they have still not repudiated the claim of the Respondent. It was reiterated that after the accident and before compromising the matter with the deceased and the injured's family, the Respondent failed to inform the Petitioners about the same. The Petitioners, vide letter dated 04.09.2015, asked the Respondent to submit the following documents: