Date of filing of the case- 19.12.2013
Date of order - 21.09.2015
JUDGMENT.
Sri P.Samantara, President.
Complainant’s case- Complainant is owner of TATA TRUCK (Tipper) bearing Registration No.OR-15S-1773, obtained policy No-346000/31/2012/7137, covered from 24.02.2012 to 23.02.2013.
2. Averred, on dt.02.05.2012 at about 6.25 A.M.,the vehicle become capsized while ;going to M.Rampur to Deogaon, driven by duly licensed driver. The accident occurrence has been registered under Station Diary Entry No.29, Dt.02.05.2012, under Risida Out Post.
3. Thereafter intimation lodged and OD claim No.346000/31/2013/000013 and Nos of surveyor deputed. The repaired bill comes to Rs 3,85,000/- on dt.17.07.2012 claim could get finalized .On dt.15.07.2013,the complainant sign the discharge voucher for Rs 2,41,000/- and amount transmitted to the account. The O.P in paying less amount than the actual expenditure incurred in repair amounts to deficiency of service. Relied on, photo copy documents and photo copy of pleaders notice and affidavit.
4. Pursuant to notice served, the O.P admitting the TATA TRUCK (Tipper) bearing registration No.OR-15S-1773, bears policy No-346000/31/2012/7137,covered from 24.02.2012 to 23.02.2013. On dt.02.05.2012,post occurrence, the spot surveyor deputed. The next surveyor deputed on dt.08.05.2012 and final surveyor reported on dt. 18.09.2012 recommending Rs 2,70,.500/- against original assessment of Rs 79,000/- .Thus the case is a vexatious litigation against the Insurance company.
5. Heard and perused the record.
6. Perusal of the case record reveals, complainant has not come to forum in clean hand as because the identification in communiqué with original policy and book of registration, smart card, original driving license with permit, FIR and GR certified copy is essential to arrive, the jurisdiction thereby ascertaining the maintainability of the case. No such document placed on the record to make the case tenable. In absence of original record, the genuinity is stake so also the advanced jurisdiction our same view is supported by the case decision-M/S Dhara Enterprise –Vs- National Insurance Co. Ltd. –in which held- “Mere producing certain documents, which are not public documents and mostly unattested photo copies, is not synonymous of tendering those documents in evidence”- 2012(1) CPR 384 (Maha.)
7. The pleadings of the O.P, is evasive and not supported with any document. Rather the O.P has mis stated the court that the relied annexure has been attached but realistically not so. In absence same the pleadings is heartless and not palpable to admit in adjudication.
Thus in absence of genuine document, we hold the case has no merit and the same is hereby dismissed.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 21TH DAY OF SEPTEMBER 2016.
I agree.
(G.K.Rath) ( P.Samantara)
MEMBER. PRESIDENT.
