PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-46/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Paban Kumar Jain,

S/o Late Khemchand Jain

R/o- near old post office utkela, Po/Ps-Kesinga,

Dist-Kalahandi-766001. Odisha.                                    ...………..Complainant

Versus

1. The M.M. Senapati,

 Manager In change, SVC, Oriental Insurance Co. Ltd. Office AtTrilok Tower, NH-6, Near Sarlakani Chowk Sakhipara Road, Sambalpur-768001, Odisha.

2. The Divisional Manager, Oriental Insurance Co. Ltd.,

Office at V.S.S. Marg, Sambalpur

Odisha-768001.

3. The Branch Manager, Bhawanipatna,

Office at-Near Dayanidhi Chowk, Bahadur Bagicha Para, Bhawanipatna, Dist-Kalahandi, PIN-766011, Odisha                         …………...Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. P.K.Pradhan & Associates
2. For the O.P.s                       :- Sri. B.K. Purohit, Adv.

Date of Filing:29.06.2022,  Date of Hearing :27.08.2024,  Date of Judgement :01.10.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant insured his vehicle No. OD-31-1111 with the O.Ps vide policy No. 346001/31/2021/1454. On 14.03.2021 the  vehicle met an accident to save the life of a motorcycle rider coming to-wards the vehicle with excessive speed violating traffic rules. F.I.R. was lodged and also OD claim No. 340012/31/2022/00030812. The repairing cost incurred was Rs. 5,14,570/- and also Rs. 38,425/-. The O.P. appointed surveyor. The O.Ps repudiated the claim on 23.12.2021. Being aggrieved complaint has been filed.
2. The O.Ps in reply submitted that the vehicle No. OR-31-1111 insured with private car package policy-zone B certificate cum policy of insurance bearing No. 346001/31/2021/1454. Incident of accident was intimated to O.Ps and surveyor & Loss Assessor Surendra Kumar Mishra was engaged for report. The final surveyor Balkrushna Patra assessed the loss Rs. 2,05,507/-. As per claim form Ris Kumar Pujari having D.L.  No. 0820120050605 was driving the vehicle at the relevant time of accident. The O.Ps found No. D.L. exists against the D.L. No. OR-0820120050605. On 23.12.2021 it was intimated to the Complainant and requested to submit any statement within two weeks but Complainant not submitted. Accordingly claim was repudiated.
3. Perused the documents filed by both the parties. To ascertain the status of D.L. No. OR-08201-20050605 the R.T.O., Kalahandi, Bhawanipatna was requested. Vide letter No. 712 dated 19.03.2024 it was reported that D.L. No. OR-08201-20050605 is not matching of Ris Kumar Pujari. From Sarathi data base it was found that Ris Kumar Pujahari is having D.L. No. OD-08-201300662219.

The DL submitted by Complainant bears transport licence from 17.01.2020 to 16.01.2025 whereas the R.T.O. Kalahandi reported that Ris Kumar Pujahari has only non-transport licence from 13.08.2013 to 12.08.2023. The O.Ps repudiated the claim No. 340012/31/2022/00030812 on the ground that Ris Kumar Pujahari was engaged as driver of the vehicle at the time of accident who has no valid licence.

4. The Complainant has not come to the Commission with clean hand. The Complainant has submitted manipulated documents of the driving licence. The O.Ps, insurer rightly repudiated the claim.

             Accordingly, the complaint is dismissed.

Order pronounced in the open court on 1^st day of Oct, 2024.

            Supply frees copies to the parties.