PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                         CONSUMER COMPLAINT NO. 33/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Rinku Devi, Aged about 34 years

Occupation-Housewife and business

D/O-Salindar Singh, W/O- Sri. Arvind Kumar Singh

R/O- Talbhatapada, Po-Khetrajpur,

Ps-Khetrajpur, Dist-Sambalpur-768003                        ...………..Complainant

                                                Versus

1. Branch Manager, ICICI Lombard General Insurance Company Ltd.

Near Church, G.M. University Road, Sambalpur,

Po- Sambalpur, Ps- Town, Dist- Sambalpur-768001

2. Branch Manager, Servicing Branch,

ICICI Lombard General Insurance Company Ltd.

Plot No. 29, Third Anuj Building,

Satya Nagar, Bhubaneswar, Orissa-751007

3. Managing Director,

ICICI Lombard General Insurance Company Ltd.

ICICI Lombard House, 414 Veer Savarkar Marg

Near Siddhi Vinayak temple,

Prabhadevi, Mumbai-400025                               …………...Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. R.L. Sharma Adv. & Associates
2. For the O.Ps.                       :- Sri. B.K. Purohit, Adv.

Date of Filing:06.07.2021,Date of Hearing :14.11.2023,Date of Judgement : 02.01.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is the registered owner of a Truck bearing Regd No. OD 15L 3672 and insured the vehicle with O.P. No.1 vide policy No. 3003/198979791/00/000 for the period 30.04.2020 to 29.04.2021. Driver Munu Sharma was engaged to run the vehicle for transportation of goods, iron rods etc. having vehicle national permit No. NP/OR/15/062020/49716 valid for 18.06.2020 to 31.05.2021. Fitness of the vehicle was valid from 17.06.2020 to 16.05.2022 with valid pollution certificate.

On 15.04.2021 the vehicle loaded with construction material was going to Kolhapur, Maharastra from Kolkata with driver Muna Sharma, having a valid driving licence. On 19.04.2021 at about 4.00 A.M.  near Kalgaon, T.Point, fatak Mahagaon, Maharastra met an accident with a Bus bearing No. MH-40BL-7161. The bus driver was driving rashly and negligently dashed vehicle No. OD-15L-3672 from front side as a result Complainant’s vehicle was completely damaged from front side like driver cabin, window glasses broken, radiator damaged, clutch, brake, accelerator etc. were damaged. When the driver of the truck could not control the truck jumped outside from the running truck to save his life and sustained injuries in both hands. The Truck dashed against the nearby bridge and stopped there. The cleaner was inside the truck who sustained injuries in both legs. Police sent the cleaner and driver to hospital for treatment at Rural Hospital, Sawana Tq. Mahagaon by ambulance. Mahagaon Ps Case No. 0145 dated 19.04.2021 was lodged. After first-aid the driver returned to spot on 20.04.2021 about 9 P.M. cleaner was also discharged after treatment due to Covid-19 situation. The driver shown all papers of the vehicle in police station on 21.04.2021.

The Complainant on 19.04.2021 evening got the information of accident from driver. On 20.01.2021 Uttam Khatari agent of O.P. No.1 was informed and claim No. 10979560 dated 20.04.2021 was lodged. On 21.04.2021 surveyor inspected the vehicle on the spot, received all documents of vehicle on 29.04.2021 through whatsapp. On 28.04.2021 Complainant sent-crane to Mahagaon from Sambalpur for shifting of vehicle and paid Rs. 1,45,000/-

As per instruction of claim manager of O.P. No.1 on 08.05.2021 the Complainant gave the vehicle to HK Motors Sambalpur, authorised service station who estimated Rs. 12,96,970.42P. repairing cost. The O.Ps not paid/settled the claim for which the repairing centre not started repairing. After repeated request at last O.P. No.2 informed to settle the claim within 4 days from 02.06.2021.

On 15.06.2021 claim Manager of O.P. No.2 informed repudiation of the claim through mobile but Mahagaon investigation team informed on 16.06.2021 that they have gone to police station, Mahagaon. The O.Ps repudiated the claim vide letter dated 19.06.2021. On 20.06.2021 the Complainant took back the vehicle from HK Motors for private/other garage repair. Being aggrieved the Complaint has been filed.

2. The O.Ps after appearance submitted their version and admitted the insurance of package policy of insurance subject to IMT endorsement No. 23 & 7 along with memorandum. The insured intimated the O.Ps on 20.04.2021 through one Uttam. An investigation team namely ICS Assure services Pvt. Ltd. investigated the forensic examination of accident and manner of accident wherein major injury of driver was expected. The Surveyor made final survey and as per remark Mr. Abdul Khan was driving the vehicle at the time of accident. Munna Sharma was the implanted driver. Vide letter dated 19.06.2021 claim was repudiated for suppression of material facts i.e. wrong facts of driver was given which is misrepresentation of facts. The O.Ps are not liable to pay any amount claimed not Rs. 1,45,000/- to-wards shifting of vehicle charges.
3. Perused the documents filed by both the parties. The Complainant filed the following documents:

1. Copy of Registration Certificate of Vehicle No. OD-15L-3672.
2. During licence No WB 0120020717322 of Munna Sharma.
3. Permit No. NP/OR/15/062020/49716 dated 18.06.2020 valid till 31.05.2023.
4. Certificate of fitness valid till 18.05.2022
5. Pollution control certificate valid till 05.02.2022.
6. Copy of policy No. 3003/198979791/00/000 period 30.04.2020 to 29.04.2021.
7. Copy of FIR No. 0145 dated 19.04.2021.
8. Claim intimation No. MOT 10979560 dated 20.04.2021.
9. Mahabali crane service receipt dated 28.04.201 for Rs. 1,45,000/-.
10. Letter dated 19.06.2021 of the O.Ps.
11. Estimate of HR Motors dated 24.06.2021 for Rs. 12,96,970.42P.

The O.Ps filed the following documents:-

1. Copy of goods carriage vehicle package policy of insurance.
2. Claim form submitted by the insured.
3. Survey report of Er. Balakrushna Patra.
4. Copies of the photographs of the vehicle and the driver.
5. Motor accident reconstruction report submitted by ICS Assure Services Pvt. Ltd.

4. It is admission of both the parties that vehicle No. OD 15L-3672 was insured with policy No. 3003/198979791/00/000 valid for the period 30.04.2020 to 29.04.2021 and the certificates submitted were valid except the fact of driving of the vehicle at the time of accident by Muna Sharma, who had a valid driving licence.

On 19.04.2021 the truck while on the way from Kolkota to Kolhapur at about 4A.M. near Kalgaon, T.Point, fatak, Mahagaon Maharastra for the rash and negligent driving of bus bearing No. MH-40-BL7161 met an accident, dashed with the truck and was damaged from front side. The Complainant submitted that driver Munna Sharma when could not control the truck jumped outside from the running truck in order to save his life and sustained inquiries in both hands. The truck dashed against near bridge and stopped there. The cleaner who was inside the truck sustained injuries in both legs. The police shifted the driver and cleaner of the truck to Hospital for treatment at Rural Hospital, Sawana Tq. Mahagaon by ambulance. The O.Ps not agree with the situation explained and submitted that Munna Sharma was nor driving the vehicle at the time of accident as Munna Sharma not sustained any major injury. The Surveyor reflected the cause of accident as:

“The insured vehicle was preceding to-wards Nagpur. On the way near spot, while negotiating the road with an incoming vehicle, a proper share of road could not be made by the incoming vehicle. And hence an accident and damaged occurred to insured vehicle.” From the cause shown by surveyorthe bus bearing No. MH-40 BL-7161 dashed the insured vehicle and caused damaged. In the other hand in the remarks the surveyor remarked that Mr. Abdul Khan was driving the vehicle at the time of accident whereas the insured produced DL of Munna Kumar Sharma. On the point of driver both the parties differ.

From the report of Motor reconstruction:

Major impact is observed on front RHS portion of the truck which is badly damaged. Front windshield, Bumper and engine grill, head light, damaged whereas left hand side crushed. RHS driver cabin, driver door damaged whereas LHS no major damages observed. Steering wheel, column and dashboard damaged and space between driver seat and steering wheel reduced. The right hand side of truck collided with the TPV.

The scientific analysis of the reconstruction company are as follows:-

“Severe impact of the windshield pillar may cause avulsion of the skin of forehead, basilar skull, factures closed head injury and dislocation of the atlanto-axial joint.” In both the cases of Munna Sharma and Mr. Abdul Khan there was no such situation. From the report it reveals that(As per FIR) “ Complainant tried to stop both the vehicles as they noticed that both the vehicles were driven in the uncontrolled manner. Truck driver was dashed with the travels on driver side and hit the bridge wall. Driver of the truck sustained major injury on both the legs and bus driver got injured in the accident.” In the present case as per scientific report legs of Mr. Abdul Khan has been injured whereas Munna Sharma as per statement of Complainant jumped from the truck and sustained injury in hands. It implies from the circumstances:

1. Mr. Abdul Khan, cleaner was driving the vehicle at the time of accident.
2. Munna Sharma was in cleaner side of the cabin as LHS side only crushed. Munna Sharma when received momentary warning of impending collision, immediately jumped from LHS of driver cabin. The cleaner driver at the moment could not control the vehicle as a result the bus dashed with truck and the truck collided with the bridge.
3. Due to collision with the bridge steering wheel inclusive right side cabin damaged and cleaner driver sustained injuries in his legs.

From the circumstances it is clear that Munna Sharma was the implanted driver to make the accident claim. As the Complainant not brought the right facts before the O.Ps, the O.Ps repudiated the claim vide letter dated 19.06.2021. Insurance contract is bashed on good faith and the Complainant suppressed material facts. Accordingly, we are of the view that the O.Ps have rightly repudiated the claim. The citation filed by the Complainant Naresh Kumar Sahu Vs The Oriental Insurance Company Ltd. 2010(1) CPR 62 is not applicable in this case.

The Complaint is accordingly dismissed. No cost.

            Order pronounced in the open court on 2^nd day of Jan. 2024.

Supply free copies to the parties.