Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... on 22.03.2012 a reply dated 21.03.12 was received from op no.1 through hand delivery , wherein it was informed that the intimation about the accident being delayed for a period of 171 days, they were not in a position to honour the said own damage claim, and the claim ..... mahapatra , branch manager , tamluk branch of the financier company/ op-2 over mobile phone about the accident and he also assured that he would take initiative to get insurance claim as their interest was directly ..... it is a fact that the complainant/ respondent failed to intimate the loss/damage caused by the accident and his negligence in the matter of sending due intimation in time did not give the insurance company any opportunity to engage licensed surveyor which is mandatory ..... the complainant on 13.11.2011 issued a letter informing about the fact of accident enclosing there with all relevant papers and documents which were duly received ..... 025/7544 resulting in full damage of the vehicle and by such accident all passengers including the driver, namely, ram pada maity were seriously ..... by the complainant that he informed over telephone about the accident to one goutam babu does not stand substantiated. ..... that the illness of the complainant is no good reason in support of his failure to intimate about the accident of the insurance company in time as per policy condition. ..... the statement of the complainant that at the time of accident he intimated one goutam babu over mobile phone is not at all a fact or substantiated with .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... 18478) had not been touching khargapur station since may 2010 after the incident of ganeswari express accident and ultimately, he failed to avail of that train. ..... 18477 / 18478 was diverted for the time being due to the accident of ganeswari express. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... the complainant-turned-appellant has come up before this commission with the averments that the op insurance company had, before issuing the death accident benefit (dab) policy, verified all necessary documents submitted by the insured and accepted the premium from him. ..... for the respondent insurance company submitted that the driver of the vehicle who was insured under death accident benefit policy did not posses any valid driving licence to drive a transport vehicle. ..... was argued that the respondent insurance company failed to prove that the accident was caused by any such action as would show that the vehicle which he was driving met with the accident because of lack of knowledge or skill on the part of the ..... of the policy issued , the insurance company has to prove that the detailed terms and conditions of the policy were made available to the insured, and that if the driver is not responsible for any accident caused to the vehicle at the material time of accident of the vehicle , possessing a valid or invalid driving licence is immaterial. ..... the op/respondent insurance company also fails to prove that the accident in which the insured died was for any fault of the ..... case there is no dispute that the insured died in a road traffic accident as evident from the police report as well as the postmortem report. ..... parties and after perusal of facts and evidence on record we find that the question that deserves attention is whether the driver died in an accident for which he was responsible. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... vehicles is for 3 years only as per provision of section 14 / 2 / (a) of the motor vehicles act, but, in the case of the driving licence of the driver who was driving the vehicle at the material point of time of accident , validity of the driving licence was recorded for 12 years which shows that the driving licence was not genuine and the driver was not? ..... 2,50,000/- as repairing cost after the alleged accident , the driver of the vehicle did not have a valid and effective driving licence to drive the particular class (goods) of the insured vehicle which was a clear violation of ..... the said vehicle met with an accident on 05.01.2008 near the village, sinduria, ..... case the insurer appellant has proved that the driving licence of the driver who was driving the vehicle at the time of accident was a fake one. ..... present case we find that the claim preferred by the complainant/respondent relates to the damage of the vehicle caused by an accident and such accident happened? ..... , after about 10 months from the date of accident the op insurance company? ..... met with an accident while the same was being driven by a person who was allegedly not holding a valid ..... the fact of accident and damage was reported to the op insurer and claim form with an estimate of ..... the accident having taken place on 05.01.2008 , the driving licence was very much valid ..... letter dated 23.10.2008 that the claim was not payable as the driver of the vehicle had no valid driving licence at the material point of time of the accident. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... reported in (1999) (3) scc 465 , that the meaning of the word accident even if it is held that two interpretations are possible , the interpretation which favours the insured is to be accepted in case of an insurance claim. ..... there are several decisions of this commission upholding that murder is an accident and such murder can not deprive the nominee from making the claim. ..... again, this was a case of murder which is different from accident and such murder was not covered by the insurance policy. ..... there being no deficiency in service and the fact of murder of the insured being no accident , the petition of complaint should have been dismissed by the ld. ..... the insured died in an accident on 07.04.2004 during the policy period and the complainant lodged a claim on 10.04.2004 to the op / insurance company with all necessary documents. ..... the complaint case, in brief, was as follows: the complainant took a group janata personnel accident insurance policy bearing no. ..... the main contention of op no.1 was that the case was a murder simplicitor and not an accident . .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... forum also observed that except for the facts of non-filing of any document in support of lodging claim and non-reporting of the alleged accident the documents submitted by the complainant were in order and hence, a decision was arrived at on the basis of those documents allowing the complaint with direction upon the op -1 to pay a sum of rs ..... the fact goes that the complainant did not report about the accident within the stipulated period or within such period as would have appeared justified with reasons ..... evidence in support of his contention that he was under prolonged treatment and as such could not give intimation about the accident to the insurance company does not have enough force to be reckoned with. ld. ..... the complaint case, in brief, was as follows: the complainant, ashutosh roy, who was covered by a group janata personal accident policy (no 100300/47/01/9600022/02/96/30414 , valid from 08.03.2003 to 07.03.2015 ) , became the victim of a road traffic accident that occurred on 29.01.2009 when he was on board a bus bearing no. ..... reason for non-entertainment of the complaint was that the complainant did not file any claim form with necessary documents; nor did he intimate about the alleged accident to the insurer / op-1 within thirty days as per policy condition. ..... complainant/respondent was quite conversant that for getting the insurance benefit, he would have to comply with the first and foremost condition of reporting about the accident in writing to the insurance company. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... the complaint case, in brief, was as follows: the insured biswajit dey, being the husband of the complainant , had obtained a group janata personnel accident insurance policy from the op insurance company for a sum insured of rs. ..... the accident was intimated to the ops and claim form along with necessary papers were submitted on 22. 01. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... forum below the complainant -turned - appellant has come up before this commission with the averments that the truck in question having met with an accident and the insurance company having failed to settle the claim preferred by him committed a gross deficiency in service and accordingly the ld. ..... advocate also cited the case laws as reported in iii (2012) cpj 736 (nc) and iv (2012) cpj 383 (nc) holding that in the absence of effective and valid driving licence in connection with the occurrence of an accident of a vehicle, the insurance claim can not be considered by the insurance company.decision with reasons ld. ..... the truck ,while plying in the burdwan-kalna road , met with an accident on 18.02.2010 and was damaged severely. ..... , on 18.02.2010 being the date of accident , the instruction of the insurance company has not been complied with . ..... the complainant submitted motor accident claim form to the insurance company along with relevant documents but no action was taken . ..... of the documents required by the op insurance company the original driving licence of the person driving the vehicle at the material point of accident was never submitted. ld. ..... 2 being the financing bank was informed of the accident on 22.02.2010. ..... the accident was reported to memary police station . ..... in fact, the driving licence of the driver was not valid on the date of the accident. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... complainant was repudiated by the op insurance company by their letter dated 16.04.07 on the ground that the vehicle which was meant for use for agricultural purpose was being otherwise used at the material time of accident and the claim did not come under the purview of the policy. ..... on a board attached to the front area of the tractor has been accepted to be such evidence as not countered by the complainant to disprove the contention of the op respondent that the vehicle was being used at the time of accident for such purpose as was barred by policy condition . ..... the respondent, it reveals that the main question in regard to the repudiation of the claim preferred by the complainant is whether the vehicle covered by insurance policy was being used by the complainant at the time of accident for such purpose as was barred by policy condition. ..... of the damaged vehicle taken by the surveyor also corroborate the fact that the vehicle was actually damaged and such damage was caused by the accident which was covered by the insurance policy. ..... at about 3.30 p.m when the tractor and the trailer were coming after unloading cowdung in the agricultural field, the tractor met with an accident and got damaged. ..... goes that the vehicle was plying on the road when the accident took place. ..... the accident was reported to the local police station under section 279, 338 and 304 a /427 ..... for the op respondent submitted that the vehicle was being used for commercial purpose at the time of the alleged accident. .....
Tag this Judgment!Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
..... the fact of accident was also reported to the office of the national insurance co. ..... mrinmoy kanti kundu was appointed to conduct the preliminary survey of the alleged accident and mr. ..... in connection with the vehicle in excess and no such damages took place by the effect of such accident . .....
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