MINOR GITABEN vs National Insurance Co.

THE complainants of these four complaints are claiming the damages under the same policy for the same accident and opposite parties in all the four complaints are the same. We have, therefore, consolidated all the four complaints and dispose them of by this common judgment.

THE facts of this case as disclosed from the complaints which are identical are as under: THE deceased Motibhai Chhotabhai had purchased a motor cycle from Setalvad brothers - opponent No. 2. THE same motor cycle was insured with National Insurance Company - the Opponent No. 1. THE Policy which is produced by the complainant in each case is a comprehensive policy covering the risk of motor cycle and third party risk (liability to public only). THE policy does not disclose the insurance benefits to the insured for his death. In the said accident the deceased Motibhai died and hence all these four complainants who are heirs of the deceased have filed these complaints in which each has claimed the damages @ Rs. 3,00,000/- since they were the beneficiaries from the earnings of the deceased. The claim made by the complainants are exaggerated, time barred and without any cause of action or basis and may be considered as false and frivolous, within the meaning of Section 26 of the Consumer Protection Act, 1986. We have perused the policy which is only in respect of the motorcycle and third party risk. In the instant case nothing has been claimed for the motor cycle. The deceased died on account of the accident of the motor cycle. But unfortunately the policy was not taken for the benefit of the deceased and, therefore, there is no contract between the deceased and the Insurance Company regarding the benefits of death.

It appears that none of the claimants has made any claim against the Insurance Company and the reason given is that they found the policy in 1991. We are not convinced about the reasons also. Even on merits there is no case made out by any of the complainants. Therefore the complaints are liable to be dismissed. ORDER All the four complaints are dismissed. In the circumstances there will be no order as to costs. Complaints dismissed. ______________