The district consumer disputes redressal commission in Bareilly has directed an insurance company to pay Rs 5.4 lakh in compensation to a woman whose husband has remained in a coma since a 2018 road accident. The order came after her claim for the totalled car was rejected by the insurer.
Background of the Case
Advocate Mohammad Kafeel Ahmed, representing complainant Nikhat Khanam, a resident of Thiriya Nizawat Khan area, stated that her husband Mushahid Ali Khan met with an accident near Katghar police station in Moradabad while driving towards Delhi on November 23, 2018. The vehicle was completely destroyed in the crash, and Khan suffered severe head injuries that left him in a coma from December 2018. Treatment at several hospitals failed to bring any improvement in his condition.
Claim Rejection and Grounds
Khanam subsequently filed a claim with the insurance company seeking compensation for the damaged car. However, the company rejected the claim, contending that she was not entitled to file on her husband’s behalf as she was not the registered owner of the vehicle. The insurer also disputed his medical condition.
Commission's Observations
The bench, comprising commission president Radheshyam Yadav and members Mukta Gupta and Prashant Mishra, held that when the registered owner of an insured vehicle is incapacitated by a condition as serious as a coma, a claim filed by the spouse is fully justified. The commission observed that the insurer’s failure to cooperate under such circumstances and the grounds cited for rejecting the claim were unjustified.
Final Ruling
Ruling in favour of the complainant, the commission ordered the insurance company to pay Rs 5.4 lakh as a one-time settlement towards compensation for the damaged vehicle.
