State Consumer Disputes Redressal Commission
Sh. Ram Dev & Ors. vs Cholamandalam Ms General Insurance Co. ... on 5 January, 2026
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, SHIMLA.
First Appeal No. : 281/2024
Date of Presentation : 12.11.2024
Order Reserved on : 15.12.2025
Date of Order : 05.01.2026
_____
1. Sh. Ram Dev S/o Sh. Jakhu Ram.
2. Smt. Prem Lata Wife of Sh. Ram Dev.
3. Smt. Rekha Sharma W/o late Sh. Davinder Kumar.
4. Avinash Sharma S/o Late Sh. Davinder Kumar through his
Mother and Natural Guardian Smt. Rekha Sharma.
All residents of Village Dangera, Tehsil and District Una,
H.P.
......Appellant/Complainant.
Versus
Cholamandalam MS General Insurance Company Ltd., Through
its Branch Manager, Chandigarh Branch, SCO 2463-2464, II Floor,
Sector 22 C, Chandigarh.
......Respondent/Opposite Party.
Coram
Hon'ble Mr. Justice Inder Singh Mehta, President
Hon'ble Ms.Yogita Dutta, Member.
Whether approved for reporting?1 Yes.
For the Appe llants: Mr. Raditya Katoch, Advocate vice
Mr. Vipul Sharda, Advocate.
For the Respondent: Mr. Virender Sharma, Advocate.
1
Whether reporters of the local papers may be allowed to see the order?
Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company
Ltd.
(F.A.No.281/2024)
Justice Inder Singh M ehta, President
ORDER
Instant appeal is arising out of the order dated 28.09.2024 passed by Learned District Consumer Commission, Una, in Consumer Complaint No.14/2023 titled Ram Dev & Ors. Versus Cholamandalam MS General Insurance Company Ltd. whereby, complaint filed by the complainants was dismissed. Brief facts of Case:
2. Brief facts of the case are that Sh. Davinder Kumar, predecessor-in-interest of complainants was owner-
cum-driver of vehicle i.e. truck No. HP-72B-4402 which was insured with the opposite party w.e.f. 09.05.2020 to 08.05.2021 vide policy No.3379/02674658/000/00. Personal Accident cover for owner-cum-driver was Rs.15.00 Lacs and premium was duly paid. Sh. Davinder Kumar had gone to Assam with his vehicle and when he was on the way to back his home, he went missing alongwith his vehicle on 08.07.2020. FIR No. 488 dated 14.07.2020 under Sections 2 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024) 379 & 365 IPC regarding missing of Sh. Davinder Kumar was lodged with Police Station Bongaigaon, District Bongaigaon, Assam. During investigation, the police found that when Sh. Davinder Kumar was coming back in his vehicle, some anti-social persons murdered him and took away the said vehicle on 08.07.2020. During investigation, police traced the accused and arrested him and vehicle was taken into police custody in Chattishgarh State, in the month of August, 2020. Information of incident was given to opposite party/insurance company on 27.07.2020 and insurance company was requested to settle the Personal Accident claim of the complainants, but opposite party/insurance company has not settled the claim of the complainants which is deficiency in service on behalf of opposite party. Hence, the present claim.
3. In reply, the opposite party has stated that clause of Personal Accident is applicable where the owner-cum- driver dies in a Motor Accident involving insured vehicle but 3 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024) in the present case, insured had not died in Motor Accident but he was abducted and murdered. Police after investigation found that deceased Sh. Davinder Kumar was abducted and murdered. Post mortem report was collected according to which horizontal ligature mark was found around the neck of the deceased and doctor opined that cause of death was asphyxia due to strangulation. Death of Sh. Davinder Kumar was caused not due to motor vehicle accident but due to strangulation and on this ground the claim was repudiated. Therefore, a prayer for dismissal of complaint was made.
4. Thereafter, the parties led evidence in support of their respective pleadings.
5. After hearing learned counsel of the parties, learned District Commission dismissed the complaint of the complainants.
6. Feeling aggrieved by the order of learned District Commission, the appellants/complainants have preferred the 4 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024) instant appeal before this Commission.
7. Arguments heard on behalf of the parties and perused the record of the case carefully.
8. Learned counsel appearing on behalf of the appellants/complainants has submitted that deceased life assured Sh. Davinder Kumar was registered owner of vehicle i.e. truck bearing No.HP-72B-4402 which was insured with the respondent/insurance company. He has further submitted that deceased life assured died in the accident, therefore, the complainants are entitled for the P.A. Claim as deceased was insured for P.A. Claim vide insurance policy. He has further submitted that impugned order is bad in law and as such same is required to be set aside. He prays that appeal of the appellants/complainant be allowed.
9. On the other hand, learned counsel of the respondent/insurance company has submitted that impugned order does not require any interference and prays that appeal of the appellants/complainants be dismissed. 5 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024) FINDINGS
10. The admitted fact emerging on record is that Sh. Davinder Kumar, predecessor-in-interest of complainants was owner-cum-driver of vehicle i.e. truck No. HP-72B-4402 which was insured with opposite party w.e.f. 09.05.2020 to 08.05.2021 vide policy No.3379/02674658/000/00 for a sum of Rs.18,00,000/-(Annexure C-5).
11. It is further an admitted fact emerging on record that driver-cum-owner was also covered for personal Accident claim amounting to Rs.15.00 Lacs and premium amount was duly paid to the insurance company.
12. The complainants have alleged that when Sh. Davinder Kumar was coming back from Assam to his home in his vehicle, on the way, he went missing alongwith his vehicle on 08.07.2020. FIR No. 488 dated 14.07.2020, under Sections 379 & 365 IPC regarding missing of Sh. Davinder Kumar was lodged with Police Station Bongaigaon, District Bongaigaon, Assam. Copy of FIR is Annexure C-2. 6 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024)
13. It is further coming on record that on investigation, Sh. Davinder Kumar was found dead on 08.07.2020. Intimation of aforesaid incident was given to the insurance company and insurance company repudiated the claim of the complainants vide letter (Annexure R-2) on the ground that deceased was not died in a Motor Accident, but he was murdered by someone, therefore, the claim is not admissible under Motor P.A. Cover.
14. The plea of the complainants is that deceased Sh. Davinder Kumar died while he was employed in the vehicle, in question, and it was an accidental murder, therefore, the insurance company is liable to pay the personal accident claim to the complainants.
15. Perusal of FIR (Annexure C-2) indicates that Sh. Davinder Kumar was kidnapped alongwith his vehicle and thereafter, found dead and a case under Sections 379 and 365 of IPC was registered against accused at police Station Bongaigain, in State of Assam.
7 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024)
16. Postmortem report (Annexure C-3) of deceased Sh. Davinder Kumar indicates that cause of death of deceased Sh. Davinder Kumar was asphyxia due to strangulation. The cumulative effect in the present case is that deceased Davinder Kumar was kidnapped and died. Consequential its effect is that it was not a Motor Accidental death and P.A. Claim can only be given in a Motor Accident.
17. Moreover, in a claim application (Annexure C-7), Smt. Rekha Rani, wife of deceased Davinder Kumar has specifically mentioned that owner-cum-driver of vehicle is missing alongwith vehicle, in question and FIR in this regard has been lodged. There is nothing on record to prove that deceased Sh. Davinder Kumar died in a Motor Accident, therefore, the complainants are not entitled for P.A. Claim, and as such, no deficiency in service can be attributed to the insurance company.
18. In view of facts and circumstances of the case, appeal of the appellants/complainants fails and same is 8 Sh. Ram Dev & Ors. Versus Cholamandalam Ms. General Insurance Company Ltd.
(F.A.No.281/2024) hereby dismissed and impugned order passed by learned District Commission remains upheld.
19. The parties are left to bear their own costs.
20. Certified copy of order be sent to the parties and their counsel(s) strictly as per rules. File of District Commission alongwith certified copy of order be sent back and file of State Commission be consigned to record room after due completion. Appeal is disposed of. Pending application(s), if any, also disposed of.
Justice Inder Singh Mehta President Yogita Dutta Member Veena 9