Date of filing:- 04/10/2021.

Date of Order:-18/06/2024.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H (ODISHA).

Consumer Complaint No. 53 of  2021.

            Smt. Indira Dora wife of Benu Madhav Dora, aged about 55(fifty five) years, At. Padampur, (Sri Sai Kunj) behind Indian Bank, Ward No.7(seven) Bargarh Road, Po. Rajborasambar, Ps. Padampur, Dist. Bargarh.   .....            .....     .....         Complainant.

-: V e r s u s :-

1. Reliance General Insurance Company, through the Manager Claim, 2^nd Floor, Panposh Road, Near Hotel May Fair, Rourkela, At/Po. Rourkela, Dist. Sundargarh, Pin-769004.
2. The Reliance General Insurance Company through the Grievance Redressal Officer, Reliance Centre, 4^th Floor, South Wing, Near Prabhat Colony, Off Western Express High Way, Santracruz (East), Mumbai, Pin-400055.

            .....       .....       .....   Opposite Parties.

Counsel for the Parties:-

For the Complainant :-            Sri U.C.Sahu, Advocate with associates.

For the Opposite Parties  :-                  Sri A.K.Dash, Advocate with associates.

                                                            -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra               .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agrawal             .....            .....       .....       .....       .....       M e m b e r (W).

Dt.18/06/2024.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President:-   

1)         The case of the Complainant is that the Complainant is the owner of a Bharat Benz 1617 R 4X2 Tanker bearing Registration No. OD-15F-2977, Engine No. 400922P0009137, Chassis No. MEC0774CEPP006973. The Complainant had insured the vehicle in M/s Reliance General Insurance Company Ltd. vide Policy No. 240821823340000096. The IDV of the vehicle was ₹ 14,40,000/-(Rupees fourteen lakh forty thousand)only and the Policy was valid from 02-02-2018 to 01-02-2019. The Complainant had engaged Sri Pradeep Kumar Mishra son of Rasananda Mishra having driving license No. OR15 19990007878 valid from 25-05-1999 to 06-12-2019 to drive the transport vehicle and 25-05-2019 to 22-06-2020 to drive non-transport vehicle. On 01-09-2018 Sri Pradeep Kumar Mishra was driving the vehicle bearing Registration No. OD-15F-2977 and was coming from Paradeep Oil Depot to Padampur being loaded with Diesel and petrol and at about 3 P.M. the vehicle met with an accident between Haldia and Boudh Chowk under Marshaghai Police Station, Marshaghai. After getting information about the accident, the husband of the Complainant Sri Benu Madhav Dora went to the spot of accident and after physical verification of the accident vehicle, filed a report before the Inspector-in-Charge of Marshaghai Police Station, Marshaghai. The I.I.C. Marshaghai Police Station entered the fact of the accident vide Station Diary No. 02(two) dated 02-09-2018. The diesel and petrol was unloaded at a nearest BPCL outlet in presence of the Fire Safety Officer of Bharat Petroleum and the local police. After unloading of the diesel and petrol, the vehicle was taken to Shree Bharat Motors Limited, Chandikhol, Jajpur the authorized dealer and service station of Bharat Benz vehicle for repairing of the vehicle. The Complainant made insurance claim on 02-09-2018 towards loss to the vehicle vide insurance claim No. 3118167020. The Opposite Party sent a surveyor to inspect the vehicle to Shree Bharat Motors Limited, Chandikhol, Jajpur. An estimated was prepared by the Bharat Motors Limited and submitted to the Reliance General Insurance Company. After receipt the estimate the representative of Reliance General Insurance Company Ltd. Sri Biranchi Narayan Satpathy sent an e-mail to the service station to start the repair work as non-cashless basis with consent from insured/customer before proceeding with the repair process and the claim is under investigation. Shree Bharat Motors Limited took the consent of the Complainant and repaired the vehicle. After completion of repair work Shree Bharat Motor Limited, Chandikhol, Jajpur intimated the office of Opposite Parties to pay the repairing charges to the tune of ₹ 4,05,108/-(Rupees four lakh five thousand one hundred eight)only. When the Opposite Parties delayed payment of the repair amount the Complainant sent several e-mails and letters to the office of the Opposite Parties for payment. But the Opposite Party did not pay the repair charges and vide letter dated 28-11-2018 repudiated the claim of the Complainant on the ground that during the time of accident Mr. Jibardhan was driving the vehicle who is not authorized to drive hazardous vehicle. Hence the Complainant filed this case before this Commission.

2)         The case of the Opposite Parties is that the Opposite Parties filed their version. The Opposite Parties admitted that the vehicle bearing Regd No. OD-15F-2977 was insured with the Opposite Party vide insurance Policy No. 240821823340000096 which was valid from 02-02-2018 to 01-02-2019. The Opposite Parties submitted that the insurance company appointed one investigator to investigate the matter and during the course of investigation it was found that one Jibardhan Sahu was driving the vehicle bearing registration No. OD-15F-2977 but at the time of claim intimation the Petitioner/owner stated that one Pradip Kumar Mishra was driving the said vehicle.

            Further on verification of the document it was found that the vehicle bearing registration No. OD-15F-2977 is a tanker and on the date of the alleged loss the said vehicle was carrying diesel/petroleum and as the said products falls under hazardous goods category, one must obtain hazardous endorsement in the driving license to drive such vehicle. On verification of the driving license of Jibardhan Sahu it was found that he was not reauthorized to drive the vehicle bearing registration No. OD-15F-2977 as he did not obtain hazardous endorsement in the driving license. The Complainant violated the term and condition of the insurance policy and further violated the norms laid down in the Motor Vehicle Act by misrepresenting the driver name and allowed the driver to drive the vehicle bearing registration No. OD-15F-2977 even after knowing the fact that the driver was not holding hazardous endorsed driving license  on the date of the alleged loss. As such the insurance company repudiated the claim and intimated the same vide letter dated 28-11-2018. There is no any deficiency on the part of the Opposite Party.

3)         Perused the complaint petition, version and documents filed by the Parties and following issues are framed :-

Issues

1. Whether the Opposite Parties are deficient in service ?
2. Whether the Complainant is entitled to get relief ?

Issue No.1(one)

4)         The policy is admitted and the accident is admitted. But the Opposite Party repudiated the claim on the ground that the driver has no endorsement to drive hazardous vehicle and Jibardhan Sahu was driving the vehicle. The Complainant filed F.I.R. Copy. As per F.I.R. statement Pradeep Mishra was driving the vehicle. The Complainant produced driving license of the driver Pradeep Mishra and the driver has valid driving license. The Opposite Party stated as per own presumption. There is no ground to repudiate the claim of the Complainant. But the Opposite Party repudiated the claim which amounts to deficiency in service on the part of the Opposite Party. The issue is answered accordingly.

Issue No.2(two)

5)         For deficiency in service of the Opposite Parties the Complainant is entitled to get relief. The Complainant filed the invoice of Shree Bharat Motors Ltd, Chandikhol, Jajpur. As per invoice the amount of repairing charges is Rs. 4,05,079/-(Rupees four lakh five thousand seventy nine)only. The Complainant is entitled to get this amount. The issue is answered accordingly.

            As per supra discussion the following order is passed:-

                                                            O  R  D  E  R

6)         The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are jointly and severally directed to pay ₹ 4,05,079/-(Rupees four lakh five thousand seventy nine)only the repairing cost of the vehicle to the Complainant within one month from the date of this Order . Further the Opposite Parties are directed to pay ₹ 40,000/-(Rupees forty thousand)only compensation for deficiency in service and ₹ 10,000/-(Rupees ten thousand)only for litigation expenses to the Complainant. Failing which the entire amount will carry 12%(twelve percent) interest per annum till realization.

            Order pronounced in the open court on 18^th day of June 2024.

                        Supply free copies to the Parties.

                                                                                             Typed to my dictation

                                                                                              and corrected by me.

                                    I agree,                                           ( Smt.Jigeesha Mishra)

                                                                                                    P r e s i d e n t.

                       (Smt. Anju Agrawal)

                             M e m b e r(w).