Delay in settling accident claim, insurance firm directed to pay over ₹2 lakh
The Future General Insurance Company Limited was directed to pay Ramesh alias Ramesh Kulal, a resident of Mani in Bantwal taluk of Dakshina Kannada district, ₹2.28 lakh with interest of 6% from March 17, 2025, the date of complaint, till realisation of the amount. It also directed the firm to also pay ₹25,000 as compensation for deficiency of service, mental agony, and inconvenience caused to Mr. Kulal. It was also asked to pay ₹5,000 towards cost of litigation.
Mr. Kulal owned a light commercial vehicle, which he used as goods carrier. This vehicle was insured for ₹2.28 lakh and it was valid from February 24, 2024 to February 23, 2025.
On May 11, 2024, while the vehicle was returning to Mangaluru from Sullia amidst heavy rain, the driver lost control over vehicle near Anegundi. It hit the lorry coming from the opposite side and overturned. Authorised repairer of the vehicle in Mangaluru estimated the loss at ₹4.10 lakh, which was more than the sum insured.
In the complaint to the commission, Mr. Kulal said the insurance firm deliberately delayed in settling the claim, which was submitted along with necessary documents.
The commission issued notice to the firm, which failed to appear. Hence it was placed exparte. Quoting the 2018 ruling of the National Consumer Disputes Redressal Commission, the District Commission said: 'In the absence of version and affidavit from their (insurance firm) side, complaint allegation of the complainant (Mr. Kulal) is to be held as a proved fact'.
The commission comprising of president (in charge) Somashekarappa K. Handigol and member H.G. Sharadamma on June 10 held there was deficiency in service by the insurance firm.
The commission directed the firm to make the amount within 45 days from the date of pronouncement of order. Failing which amounts will carry 8% per annum interest from the date of default. Mr. Kulal may initiate civil/criminal proceedings under Section 71/72 of the Consumer Protection Act, if the firm fails to comply with District Commission's order.
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