PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.24/2020

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ranjit Kumar Nayak,

S/O Gunasagar Nayak, Resident of Naikpada,

PS- Ulunda, Dist- Sonepur, Odisha                               ………..Complainant

                    Versus

1. National Insurance Co.Ltd, through its Senior Divisional Manger,

Sambalpur Divisional Office, Trilok Bhawan, Sar lakani Chowk,

Sakhipara Road, PS-Dhanupali, Sambalpur-768006.

2. M/s Sundaram Finance Limited., through its Branch Manager,

          Sambalpur Branch Office,

H No. 11(5)., First Floor, Sabat Complex.,

Near WESCO office., Ainthapali, PS- Ainthapali,

Sambalpur-768004, Odisha.                                          …………Opp.Parties

Counsels:-

1. For the Complainant                   :-         Sri. D.Behera, Adv. & Associates
2. For the O.P.No.1                          :-         Sri. B.K. Purohit. Adv.
3. For the O.P. No.2                                    :-         Sri. A.K. Sahoo, Adv. & Associates

Date of Filing:18.09.2020,Date of Hearing :03.07.2023,Date of Judgement : 08.08.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased one EICHER PRO 6025T truck for Rs. 29,15,000/- with financial accommodation from O.P. No.2. On 23.10.2018 Tax was deposited at Rourkela to pay the vehicle for permanent registration at R.T.O., Sonepur. Temporary Certificate of registration No. OR/14/TMP/2018/4480 was granted and Tax paid for the period 23.10.2018 to 22.11.2018. The insurance Policy No. 163400311810001594 was issued by O.P. No.1 for the period 22.10.2018 to 21.10.2019. Covering own damage of the vehicle and the IDV was Rs. 27,69,250/- Rs, 68,086/- premium was paid.

While the vehicle was coming from seller point to Sonepur on 24.10.2018 about 1.30 PM near Sindhol market under Ulunda PS, Sonepur district met an accident with oil Tanker and completely gutted in fire, resulting death of tanker driver and serious injury of its helper. The truck was also completely burnt. The driver slightly escaped with injuries. The fact was intimated to O.P. No.1, the O.P. No.1 with surveyor visited the spot on 25.10.2018. Several visits made to the O.P. No.1 but ultimately on 27.09.2018. Advocate notice was given, through Sri. Rajendra Agrawal, Advocate. On 04.11.2019 the O.P. No.1 repudiated the claim on the ground that at the relevant time of accident the Complainant violated the limitations of use of commercial vehicle having no road permit.

The monthly installment was fixed at Rs. 68,750/- by the O.P. No.2. As per section 66 of the M.V. Act the Complainant is exempted from permit as specified in sec. 66(3) proviso(k) of the M.V. Act. On 23.10.2018, the date of purchase of vehicle there was no official time to obtain a temporary Regd. Certificate for transit of the vehicle from Rourkela to Sonepur and 24.10.2018 was a public holiday, although it was collected by Agent for registration. On 25.10.2018 the temporary registration was obtained depositing bonafidely before R.T.O., Rourkela and carrying the vehicle for registration at Sonepur. The O.P. No.1 is deficient in its service and unfair in trade practice.

2. The O.P. No.1 in its version admitted the policy as Goods carrying vehicle package policy for the truck bearing Engine No. VEDX-848310881P & chasis No. MC2M6GRCOJH057767 and valid for the period 22.10.2018 to 21.10.2019 having IDV Rs. 27,69,250/- and premium inclusive tax was received for Rs. 57,700/-. The policy was subject to IMT endorsement Nos. 7,39,22,23 & 21 of the India Motor Tariff. The valuer assessed the damaged due to fire Rs. 26,67,750/- after deducting salvage i.e. wrack value of Rs. 1,00,000/- as well as compulsory excess of Rs. 1500/- from IDV of the vehicle. There was no registration of the vehicle as on the date of accident and also the permit. Rightly repudiation has been made. Vide letter dated 04.11.2019.

The Complainant has violated the policy conditions and even under non-standard settlement can not be made. The Complainant is not exempted u/s 66(3) proviso(k) of the M.V. Act. At his own risk the Complainant took away the vehicle from Rourkela. There is no any deficiency on the part of the O.P. No.1.

3. The O.P. No.2 financier submitted that the Complainant entered into loan agreement No. 17400102 dated 31.10.2018 with answering O.P. and the role of O.P. No.2 is very limited in this complaint. The relief sought for by Complainant like adjustment of interest portion in the loan amount are unsustainable and liable to rejected.
4. Perused the documents filed by both the parties. The Complainant has paid Rs. 68,086/- to-wards insurance premium for the policy No. 163400311810001594 with IDV Rs. 27,69,250/- and valid for the period 22.10.2018 to 21.10.2019. Temporary certificate of registration No. OR/14/TMP/2018/4480 was issued by Registering Authority on 26.10.2018 although the fees for registration was paid on 25.10.2018 vide CH. No. OR 14R-1810000-7901 and tax paid on vide CH. No. OR 14R 18100007901 dated 23.10.2018 to 22.11.2018.

From F.I.R. No. 0099 dated 24.10.2018 it reveals that one Keshab Deep lodged FIR before officer-in charge, Ulunda PS on 24.10.2018 at 3PM. On the date of accident there was no valid registration number and road permit relating to the vehicle. The Complainant cited 2005(1) CPR 447, Mohanlal Jain Vs. Oriental Insurance Co. Ltd. Case of Chhatishgarh State Commission which is not applicable in this case. In the other hand the citation Amalendu Sahoo V Oriental Insurance Co. Ltd. II(2010) CPJ 9(SC) case is applicable in this case. The Complainant is having a valid insurance policy although valid registration number and road permit was not there at the time of accident. The Complainant has explained under which circumstances the amount of registration was deposited on 25.10.2018 which is a valid ground to consider the claim on non-standard basis.

Taking into consideration the circumstances following order is passed:

ORDER

The complaint is allowed on contest against O.P. No.1 and dismissed against O.P. No.2 financier. The O.P. No.1 is directed to settle the claim and pay 75% of the IDV 27,69,250/- of the vehicle along with 9% interest w.e.f. 24.10.2018 within one month of this order. In case of non-payment the amount will carry 12% interest P.A. w.e.f. 24.10.2018 till realisation. No cost and compensation.

Further the O.P. No.1 is directed to pay the amount to O.P. No.2 financier and after adjustment of loan the O.P. no.2 shall refund the balance amount to the complainant with immediate effect.

Order pronounced in the open court on this 8^th day of August, 2023

Supply free copies to the parties.