West Bengal

Bankura

CC/41/2023

Dr. Somraj Sarkar - Complainant(s)

Versus

Bajaj Allianz General Insurance Co. Ltd., - Opp.Party(s)

Ardhendu Sekhar Ghosh

04 Oct 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.41/2023

            Date of Filing:  10/05/2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:Ld. Advocate Ardhendu Sekhar Ghosh

For the O.P :. Ld. Advocate Chandi Charan Adhvaryyu

 

Complainant:

Dr. Somraj Sarkar, S/o Dr. Subhas Sarkar, Village-Lokepur, P.S.Bankura, P.O.Kenduadihi, District-Bankura, PIN- 722 102

Opposite Party:

Bajaj Allianz General Insurance Co. Ltd., 3^rd Floor, Block-B, Eco Space, Plot No.11/F/11, New Town, Rajarhat, Kolkata- 700 160

 

 JUDGEMENT     

                                                                                                                                                      

Dated:04-10-2023

The case is fixed for delivery of Judgement.

The Complainant’s case is that he is a registered owner of a Ford Car being WB 68 A B 0777 insured with O.P. Insurance Co. Policy No. being OG-23-9910-1801-0043316 valid from 09/06/2022 to 08/06/2023. When the Complainant was travelling from EM Bye Pass to Dakshineswar on the way at Chingrighata huger smoke came out from the bonnet of the said  Car accidentally and the entire front portion of the Car was totally burnt and damaged. Said incident was reported to Chingrighata P.S. which was registered as G.D. Entry No.1496, dt.16/02/2023 and the Complainant also intimated the matter to the O.P. Insurance Co. The damaged Car was placed for service and repair at the authorized Ford Service Centre at Laxicon Comm. Ent. Ltd, Kolkata-46 and the estimated cost was assessed at Rs.2,09,610/-. Thereafter the Complainant lodged claim before the O.P. Insurance Co. for reimbursement of the said amount but the same was repudiated by letter dated: 02/03/2023. An Advocate’s reply letter was given by the Complainant to the O.P. for further persuasion but of no avail. The Complainant has therefore approached this Commission for appropriate relief.

                                                                                                                                                                                  Contd……p/2

                                                                                                           Page: 2

The O.P. Insurance Co. contested the case by filing a written version contending inter alia that the Complainant is not entitled to get any insurance claim as the Policy does not cover the damage of the Car for any accidental fire and that the Complainant has contributory fault to the cause of the accidental fire for extra electrical fittings to the head lights. The Complainant is at best entitled to Rs.1, 33,981/- as assessed by the Surveyor of the O.P. Insurance Co.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission and documents / written argument on both sides the Commission finds that the Complainant has due Policy cover for accidental damage of the Car as it is a comprehensive Insurance Policy covering own damage as well as Third Party risk. No separate fire Insurance is necessary in this case as contended by the Ld. Advocate for the O.P but the Surveryor’s report dated: 01/03/2023 as submitted by the Ld. Advocate for the O.P. at the time of hearing shows that the fitted bulb of the head light of the damaged Car was found to be 12V 100/90W but the Manufacturer’s recommendation is 12V 60/55W and due to such extra load the head light bulb was over heated causing melting of insulation of wires and finally it caught fire.

The Commission has nothing to disbelieve the report of the Surveyor on this aspect as no contrary view is forthcoming on the record from the side of the Complainant. Thus the Complainant has contributed to the cause of the accident by such extra electrical fittings to his damaged Car beyond the recommendation and as such the Complainant is not entitled to get the entire amount of compensation as prayed for.

                                                                                                                                                                                            Contd…..p/3 

  Page: 3

However, considering the facts and circumstances of the case and the extent of damage and loss of the Car including the contributory fault on the part of the Complainant the Commission fixes the liability of the O.P. to pay to the Complainant  Rs.1,50,000/-. Accordingly the case succeeds in part.

Hence it is ordered…….

That the case be and the same is allowed in part on contest but without cost.

The O.P. Insurance Company is directed to pay to the Complainant Rs.1, 50,000/- within a month from this date in default the law will take its own course.

Both parties be supplied copy of this Order free of cost.

 

 ____________________                _________________           _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER        HON’BLE MEMBER