Before the Honorable
Consumer Disputes Redressal Forum,
Uttar Dinajpur at Raiganj.
(Super Market Complex, Block – 1, 1st Floor.)
Consumer Case No.: 44/2009.
Date of filing : 26.08.2009.
Date of final order : 31.12.2009.
Present:
A) Sri Saurish Chakraborty President.
B) Smt.Swapna Kar Member.
C) Sri Swaraj Kumar Biswas Member.
Sumanta @ Sumantra Paul,
Son of Late Basanta Paul,
P.O. – Chopra, P.S. – Chopra,
District – Uttar Dinajpur. Complainant.
versus
1. The Divisional Manager,
National Insurance Company Limited,
Division – III, National Insurance Building,
8, India Exchange Place, Kolkata – 700 001.
2. The Branch Manager,
National Insurance Company Limited,
Raiganj Branch, Mohanbati,
P.O. and P.S. – Raiganj, Dist. – Uttar Dinajpur.
3. The Manager,
Golden Trust Financial Services,
Raiganj Branch, Mohanbati,
P.O. & P.S. – Raiganj,
District – Uttar Dinajpur. Opposite Parties.
Order No.: 06.
Date: 31.12.2009.
Record is put up for delivery of final order, which has arisen out of an exparte hearing of the complaint.
The present application Under Section 12 filed U/S 12 of Consumer Protection Act, 1986 has been filed by the Complainant Sumantra Paul praying for an order against the Opposite Parties for payment of Rs.1,20,000.00 together with the compensation of Rs.1,00,000.00 and litigation cost of Rs.5,000.00 on the ground that though he is a policy holder under the Opposite Party/ Insurer, National Insurance Company Limited has refused to pay his claim, which he was forwarded after an incident of accident (motor accident), which he has caused him to get his right hand imputed. As the Opposite Party/ Insurer No. 1 did not discharge the claim so this complaint.
Decision with reasons:
The Complainant has filed necessary papers and also filed his evidence in chief in affidavit in support of the case.
Now, from the documents, he filed, we do find that he met with a motor accident on 29.09.2006 and received severe injuries. The matter was reported to the Police of Islampur PS. The documents like copy of the FIR and Charge Sheet have also been filed.
Complainant claimed that his right hand was so badly damaged on account of said accident (motor accident); the doctor was compelled to amputate his right hand. Now, in the support the Complainant has filed a disability certificate issued by the zonal Medical Board, North Bengal Medical College. The Certificate shows that the Complainant Sumanta Paul is a physically, orthopedically, disable person with post traumatic L-bow amputation of right upper limb. The certificate further shows the board’s opinion about the percentage and nature of disability, the Complainant has suffered. According to the certificate, he has suffered 60% permanent disability caused by injury.
So, version of the Complainant is supported by his statement made in affidavit as well as from the contents of documents upon which he relied.
None is coming to challenge either the statement or the documents from the Insurance Company’s side except Opposite Party No. 3. Opposite Parties No. 3 appears without any written version.
So, in our view, the Complainant, who was a policy holder under the Opposite Party/ Insurer No.1 and 2, which was valid at the time of incident (motor accident) is entitled to claim the disbursement of the amount of his assured sum from the Opposite Party/ Insurer. The fact that the claim was met before the Opposite Party/ Insurer in righting with the signature of the doctor attending the Complainant has been proved by one filled in form with the receipt endorsement of the Opposite Party/ Insurer.
Now, we do find from the policy certificate itself that the sum insured was Rs.2,00,000.00. The Complainant has suffered 60% permanent disability. If that be so, he has entitled to claim 60% of the amount assured.
That’s apart we find from the disability certificate again that the Complainant, at present, cannot travel without assistance of escort. Upon considering the present state of his health we do think that a sum of Rs.10,000.00 be awarded as compensation to the Complainant for his pain and sufferings and to employ a escort (helper) as or when he needs. This apart we are of the opinion further that he should be awarded a litigation cost of Rs.1,000.00.
Fees paid are correct.
Hence, it is ordered,
That the complaint is allowed exparte with cost against the Opposite Party/ Insurer, National Insurance Company Limited and dismissed without cost against Opposite Party No. 3, Golden Trust Financial Company Limited.
The Complainant do get an order of award of Rs.1,20,000.00 (rupees one lac twenty thousand). Besides this the Complainant also do get an order of Rs.10,000.00 (rupees ten thousand) on account of compensation in addition he do also get an order of litigation cost of Rs.1,000.00 (rupees one thousand); totaling of Rs.1,31,000.00 (rupees one lac thirty one thousand) only within one month from the date of this order; in default the Complainant will be at liberty to claim the interest at the rate of 6.5 percent till full realization.
Furnish the true photocopies of this Final Order to the Complainant and to the Opposite Party No. 3 free of cost and send photo copies to the Opposite Party Nos. 1 and 2 by Registered Post free of cost.
Sd/-………..……….. Sd/-…………………. Sd/-…………………
Swaraj Kumar Biswas Swapna Kar Saurish Chakraborty
Member, Member, President,
D. C. D. R. F., D. C. D. R. F., D. C. D. R. F.,
Uttar Dinajpur, Raiganj. Uttar Dinajpur, Raiganj. Uttar Dinajpur, Raiganj.