THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.C. CASE NO.126/ 2021

Tusarkanta Behura , aged about 42 years,

S/o – Kshetramohan Behura, At – Duplex-10,  Mantramanor,

Gothapatana, PO-  Mali Pada, Khurda, Bhubaneswar,

Odisha, Pin - 751003

….     Complainant

-Vrs.-

1.       The General Manager, Reliance General Insurance,

          Reliance Centre, 4^th floor, South Wing,

Near Prabhat Colony, Off Western Express High Way,

Saktaruz Rest Mumbai – 400055

2.       Regional Transport Officer, Bhubaneswar, Dist - Khurda

                                                                             ….     Opp. Parties

For the complainant                Sri K.C.Satapathy & Associates  (Adv.)

For the O.P.1.                          Sri B.R.Mishra & Associates (Adv.)

For the O.P.2.                          Exparte

DATE OF FILING                  :         22/04/2021

DATE OF ORDER                 :         10/08/2023

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 35 of the C.P.Act, 2019.

2.       The complainant’s case in brief is that,  he was the registered owner of a Baleno car bearing registration number OD-02-AR-0565. He had insured the said vehicle with the OP.1. On 23/12/2020, while the complainant was driving the car, the left side wheel of the said vehicle was spilt up and the car dashed against the road divider. As a result, the said vehicle was fully damaged. The complainant reported  the matter at Tangi police station. A station diary entry  to the effect  was made at Tangi Police station. He also lodged claim before the OP.1. But the OP.1 did not respond. Hence this complaint.

3.       On the other hand, the OP.1 was deprived of filing written version and OP.2  was set exparte.

4        Perused  the materials on record.  The complainant namely, Tusarkanta Behura is the registered owner of the Bolero car bearing registration number OD-02-AR-0565. The photocopy  of the station diary entry is also available in the case record. When it is a case of road accident, prima facie,  it appears that, an offence  U/s 279 of IPC which is cognizable  in nature is made out. But there is no police investigation  to that effect. Annexure – 2 shows that, the vehicle in question was insured with the OPs. The fact that the vehicle was met with accident need not be disputed.  But the letter addressed to the complainant by the OP.1 is  worth noting.    In that letter the photocopy of the damaged vehicle has been given. The vehicle was so damaged that it cannot be said that it occurred due to dash against road divider. Rather in the said letter the observation of the OP.1 was that, the damage occurred due to frontal collision.  Then  it appears that,  the origin of accident is shrouded with  mystery. The complainant has not disclosed the facts leading to such accident. Under such situation, the insurer may not be in a position to assess the loss in  proper manner.  Therefore, rejection of the claim of the complainant appears to be justified.    Hence it is ordered.

ORDER

The complaint is  hereby  dismissed on contest  against the OP.1 and dismissed exparte against the OP.2  being devoid of merit.

The order is pronounced on this day the   10^th  August, 2023  under the seal & signature of the President and Member (W)   of the Commission.

                                                                                      (K.C.RATH)

                                                                                       PRESIDENT

 Dictated & corrected by me

               President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno