ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party No.1 to pay and release insurance accident claim of Rs.71,646/- along with admissible interest and cost for interest of justice”.

            The brief fact of the case of complainant is that, the complainant has insured her truck bearing Regd. No.OD-05-AY-3010 under opposite party No.1 effective from 09.11.2021 to 08.11.2022. On 04.6.2022 at about 2 A.M., her truck was lying at Sathipur near Panikoili (Jajpur) and parked on road side; all of a sudden one unknown Pick-up Van came from the backside and dashed with rear left side of her vehicle for which damage was caused. Accordingly Panikoili police also issued a damage certificate of accident vide G.D. No.07 dt.07.06.2022. Complainant had reported the accident to opposite party No.1 immediately. The complainant had taken the vehicle to authorized Dealer & Service Station, nearest to accident place i.e. Trupti Motors. The vehicle was repaired. It is further advised to pay the bill in the name of Insurance Company. Accordingly complainant had paid Rs.71,646/- in the name of Insurance Company on 20.7.2022. Then complainant has claimed insurance benefit in the schedule form with supporting documents. But opposite party No.1 had deputed Er. N.C. Nayak to verify the matter and report but Er. N.C. Nayak could not believe the accident and replied negatively.  

            Fact remains the vehicle was insured and premium paid by the complainant and received by the opposite parties are not in dispute. The vehicle was insured from 09.11.2021 to 08.11.2022 and the vehicle has met with an accident on 04.6.2022 at about 2 AM but the opposite parties have repudiated the claim on the ground that the vehicle was inside the garage on 03.6.2022 as such no accident has happened.

            Notice was issued to opposite parties on 18.10.2022 and counsel for opposite parties entered his appearance on 03.11.2022 but did not file any written statement or appear on a single date after 03.11.2022 for which the opposite parties were set ex-parte on 30.12.2022.

            Heard the counsel for complainant. The counsel for complainant submitted that it is not disputed regarding repairing of vehicle in the authorized service station. It is only because mistake of date in the job card the opposite parties have repudiated the claim.

            We have gone through the records. It is not disputed that vehicle was not insured. It is also not disputed that vehicle met with an accident and repaired in the authorized service station and paid bill of Rs.71,646/- in the name of insurance company and vehicle was released on 20.7.2022 i.e. after 46 days. It is submitted by the counsel for complainant that either by mistake or unintentionally the service station has wrongly mentioned 03.6.2022 instead of 04.6.2022 and the driver and helper being not so educated could not pointed out for which the claim of complainant should not have repudiated. We are completely agree with the submission of the counsel for complainant and we therefore direct the opposite parties to pay Rs.71,646/- i.e. the bill amount paid by complainant to service station with 10% interest w.e.f. 04.6.2022 to till date of payment and we further award compensation of Rs.30,000/- and cost of litigation of Rs.5,000/- which shall be paid to the complainant within a period of 45 days from the date of receipt of the order failing which the opposite parties shall pay Rs.500/- per day. With the aforesaid observation and direction the consumer complaint is disposed of.