This is a complaint filed by Pradip Gorain of Kachujore, Birbhum against the Gen. Manager, Reliance Gen. Insurance Co., Asansol and Abhishek Ghosh, Agent, Reliance Gen. Insurance Co. Suri, in brief, the complaint is that Pradip Gorain had a heavy goods vehicle. It was duly insured with Reliance Gen. Insurance Co. Ltd. The vehicle met a road accident when it was standing beside NH.31 at Kalagoch, Chapra, Uttardinajpur. A truck dashed the vehicle in question and it was damaged heavily. The driver of the damaged vehicle, Asish Dom lodged GDE before the nearest Police Station, Chapra, Uttardinajpur. The complainant informed to the O.Ps in writing. The O.P No.1 sent loss assessor in time. After that, the O.P No.1 remained silent. The complainant having no other alternative engaged his own surveyor who assessed the damages of the said vehicle. The report of the Surveyor had been submitted to the O.P No.1. But the O.P No.1 did not take any step. The vehicle is out of order and the complainant faces heavy losses. Hence, the case.

Notice of this case to O.P No.1 was deemed to be served as there was no return of notice, but he did not appear to contest. O.P No.2 has been expunged and O.P No.3 Abhishek Ghosh agent of Reliance Gen. Ins. Co. did not appear. In absence of any challenge or denial from the O.Ps side the case was taken up for hearing ex parte.

We have perused the complaint and the documents on record filed by the complainant in support of his contention. The documents show that the complainant had a heavy goods vehicle being No WB.53A 9716, Chesis No. MBICTDYC5CPXE4218. The vehicle was duly insured vide policy No. 1512732334000138. The vehicle made an accident on 22/09/2013 near Kalagoch(Mondalpara), P.S. Chapra, Uttardinajpur. The driver of the vehicle in question lodged G.D.E before Chapra Police Station on 24/09/2013.

The cause of accident as stated in complaint and also in evidence in chief on affidavit differs

from the statement in the G.D.E vide No. 1060 dated 24/09/2013 lodged by the driver.

The driver stated in G.D.E that the vehicle in question, having lost control, made collision with a truck standing beside NH-31 and became heavily damaged. On the other hand, the complainant stated in his complaint and in evidence-in-chief that “suddenly one truck had lost control (the number of truck is not known to me till now) and dashed my vehicle for which my truck damaged severally.”

Besides the above anomalies the question arises why the driver took two days to lodge G.D.E after the accident happened. Why the complainant did not file the copy of Charge-sheet/FRT. There are no acceptable documents in this regard.

From the above discussion we do not find any reason to allow the complaint for getting relief from the Forum.

Proper fees have been paid.

Hence,

O R D E R E D

that C.F case No. 149/2013 be and the same is dismissed ex-parte against the O.Ps. No order as to cost.

Copy of this order be supplied to the parties each free of cost.

(Dr. S. Sikder  Member)       (Miss. R. Mukherjee Sr.Member)        (Abdul Quader  President)