Haryana

StateCommission

A/161/2016

RELIANCE GEN.INSURANCE CO. - Complainant(s)

Versus

AMIT KUMAR - Opp.Party(s)

P.M.GOYAL

02 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :     161 of 2016

Date of Institution:     23.02.2016

Date of Decision :      02.09.2016

 

Reliance General Insurance Company Limited, Office 19, Reliance Centre, Walchand Hirachand Marg, Ballard Estate, Mumbai-400001 through Shri Suryadeep Singh Thakur, Manager (Legal), Reliance General Insurance Company, SCO No.145-146, Sector 9-C, Madhya Marg, Chandigarh.

                                      Appellant-Opposite Party

Versus

Amit Kumar s/o Sh. Dharam Pal, Resident of Village Rangoli, Tehsil Safidon, District Jind, Haryana.

2^nd Address:

Amit Kumar s/o Sh. Dharam Pal, Resident of VPO Ghewra, Kanjhawala, Delhi.

                                      Respondent-Complainant

 

 

CORAM:             Shri B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                               

 

Present:               Shri Gaurav Sharma, Advocate for appellant.

                             Shri Sikander Bakshi, Advocate for respondent.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

          Reliance General Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party, is in appeal against the order dated December 14^th, 2015 passed by District Consumer Disputes Redressal Forum, Sonipat (for short ‘the District Forum’), whereby complaint filed by the respondent-complainant, seeking compensation with respect to his car No.DL-2F-EM-0333, which was burnt during the insured period, was accepted. The operative part of the order is reproduced as under:-

“…So, keeping in view the above cited law, we find force in the  present case and it is held that definitely the complainant is entitled to get the IDV amount of Rs.8,62,562/- from the insurance company and thus, we hereby direct the respondent  insurance company to make the payment of Rs.862562/- (Rs.eight lacs sixty two thousand five hundred sixty two) to the complainant within a period of 45 days from the date of passing of this order, failing which, the above said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till realization. It is made clear here that the complainant shall not claim the salvage of the vehicle in any manner.”

2.                Car-Skoda Superb bearing registration No.DL-2F-EM-0333 owned by Amit Kumar-complainant/respondent, was insured with the Insurance Company for the period February 28^th, 2015 to February 27^th, 2016, vide Insurance Cover Note Exhibit C-3, the Insured Declared Value (IDV) of which was Rs.8,62,562/-. On 8^th April, 2015 the car caught fire due to sparking in the area of Butana. Fire tenders were called and extinguished the fire vide report Exhibit C-5. The complainant lodged Daily Diary Report (Exhibit C-1) in Police Post Butana, District Sonipat. The Insurance Company was informed. Claim being filed, the Insurance Company repudiated the same vide letter dated 4^th July, 2015 (Exhibit C-3).  Aggrieved of, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

3.                The Opposite Party-Insurance Company, in its written version stated that as per report of the investigator, the car caught fire because there was some wide range inflammable Organic Compounds inside the car and thus since the complainant violated the terms and conditions of the Insurance Policy, nothing was payable to him.

4.                After evaluating the pleadings and evidence of the parties, the District Forum vide impugned order allowed the complaint and issued direction as detailed in paragraph No.1 of this order.

5.                While assailing the order of the District Forum, learned counsel for the appellant-Insurance Company raised two fold arguments. Firstly, that the car caught fire due to human intervention and that some wide range inflammable Organic Compound was being carried in the car. In support, reliance was placed upon the report of Truth Labs (Exhibit R-1).

6.                The contention raised is not tenable. Indisputably, the car was burnt on 8^th April, 2015 and DDR (Exhibit C-1) was lodged in Police Post Butana on the same day. Truth Labs report (Exhibit R-1) finds mention of the DDR (Exhibit C-1) under heading “II Documentary Evidence Collected” the relevant part of which reads as under:-

“2.     Photocopy of General Diary Report dated 8^th April, 2015 of Police Post Butana, Police Station Baroda, District Sonipat, Haryana in respect of the fire incident. (Enclosed as Annexure-II). According to this report, the information about the incident was received at Police Post Butana at about 20:20 hours. When the police reached the spot, Mr. Amit Kumar s/o Mr.Dharam Pal R/o Plot No.632, Village Ghewra, New Delhi-110081 (the insured) stated before the police that while he was travelling from Gohana to his Village Gangoli on 8^th april, 2015 by the said car, it suddenly caught fire due to electrical fault between Village Butana and Village Gangana. He stopped the car and attempted to douse the fire but the car was totally burnt.”

7.                In the later part of the report (Exhibit R-1) under the heading “Results of chemical analysis” it is mentioned as under:-

“The samples of the burnt debris collected from the interior zones of the burnt car were subjected to GC-MS analysis and the results of analysis revealed the presence of aromatic hydrocarbons and other organic compounds which are combustible in nature that could have been derived from fuel oils typically used as engine or lubricant oils.”

8.                Though in the conclusion it was mentioned that the car caught fire “on account of deliberate setting of fire to the stationary car by pouring ignitable fire accelerants all over the body and in the interiors of the car cabin in an attempt to stage manage fire by someone”, the same cannot be accepted as the report itself indicates that the presence of aromatic hydrocarbons and other organic compound found, are used in the engine.  For ready reference, para 10 at page 5 of the report (Exhibit R-1) reads as under:-

“10.   The engine portion of the vehicle was found to have completely burnt/damaged due to fire including the battery, radiator, condenser, inter-cooler pipes, air filter, brake system and gear box. The burnt/damaged engine was found to have detached and lying on the ground.”

9.                Indisputably, the occurrence had taken place on 08.04.2015 while the Investigator of the Insurance Company/appellant-opposite party visited the site on 08.06.2015, that is, after a period of more than two months and submitted his report on 01.07.2015. Thus, the Insurance Company itself is responsible for enabling the third party intervention during this period for tampering with the property. Moreover, as per report also, the material alleged to have been found in the vehicle was used as a fuel and chances of same having spread after the fire from the petrol/diesel tank also cannot be ruled out.

10.              Besides, even the complainant was not to gain by setting the car on fire as undisputedly the price new car of same model ranges between Rs.23.00 to Rs.30.00 lacs, while the car was insured only for Rs.8,62,562/-. Moreover, complainant himself was travelling in the car at the time of incident. He would not have subjected himself to risk of life. So, the inference of the Truth Labs is inconsistent to the documents collected by them. In view of this, the order under appeal requires no interference.

11.              As a sequel to the foregoing reasons, the appeal fails and is hereby dismissed.

12.              The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 02.09.2016

Urvashi Agnihotri Member

B.M. Bedi Judicial Member

CL