Order No. 7 dt. 16/03/2017
Fact of this case in brief is that one Sri Sadik Ali Molla, complainant purchased an auto-rickshaw from the o.p., M/s Bajaj Allianz General Insurance Company Limited, 6th floor, Mani Square, 164, Manicktala Main Road, Kolkata-700054, P.S. Manicktala with insurance coverage for the period from 31.12.2013 to 30.12.2014 having policy no.OG-2401-1803-00012518. The said auto-rickshaw met with an accident on 06.04.2014 at Baruipur-Garia Main Road under Sonarpur Police Stattion and was badly damaged . An FIR was lodged on 07.04.2014 at Sonarpur P.S. under FIR No.506. The said auto rickshaw was driving by Sri Batul Mondal with valid driving license. The complainant thereafter submitted the claim before the o.p. and the o.p. engaged a Surveyor for inspection and assessment of damage of the vehicle on spot. But Bajaj Allianz General insurance co. ltd. repudiated the claim of the petitioner on the ground that at the time of alleged accident the autorikshaw was plying without valid route permit.
Ld. Lawyer for the complainant argued that the autorikshaw bearing no.WB-19G-0893 which was covered by policy of insurance issued by the o.p. was valid from 31.12.2013 to 30.12.2014. The complainant purchased the autorikshaw from the o.p. with insurance coverage stated above. The o.p. was also informed about the accident in due time after lodging an FIR in the Sonarpur Police Station. Again on the advice of the Surveyor the vehicle was repaired and claim was submitted in due time with a bill of Rs.59,803/- raised by the M/s Kolkata Auto Agencies Pvt. Limited, 287, Diamond Harbour Road, Kolkata-700063. Ld lawyer for the complainant pointed out that repudiation claim of the complainant by the o.p. was on baseless ground. Actually, it was a deficiency of service on the part of the o.p. Hence, the relief prayed by the complainant may be considered by the benignself.
Ld. Lawyer for the o.p. claims that the complainant has no cause of action for the instant case and the same merits baseless. There is no deficiency in service from the part of the insurance company and therefore, the case should be rejected with exemplary cost. The o.p. by letter dated 04.06.2014 and 30.07.2014 repudiated the claim of the complainant on the ground that at the time of the alleged accident the vehicle was without valid route permit. On the basis of the submission by the ld. Lawyer the o.p. most respectfully state and submit that the complainant has failed to show any reasonable reply in respect of their repudiation. As such the instant case should be dismissed.
Decision with reasons
We have gone through the complaint petition, written versions, BNAs of the parties along with material record. Upon considering all the materials on record we find that owner of the auto rickshaw bearing no.WB-19G-0893 had registration certificate. And from the copy of receipt for payment to Government of West Bengal ( West Bengal Form No.4705 having serial no. A2092478 dated 03.02.2014) it is ascertained that the permit of the complainant’s auto rickshaw was valid on the date of the event. Moreover the ld. Lawyer of the o.p. in his/her w/v it is admitted that the complainant had availed Motor Insurance Policy being policy no.OG-14-2401-1803-00012518 from the o.p. for the period from 31.12.2013 to 30.12.2014, within which the accident had taken place. The Regional Transport Officer, South 24 Parganas informed the complainant by letter dated 31.03.2015 that the permit of the auto rickshaw was valid with effect from 31.03.2014. Hence we find deficiency of service by the o.p. by repudiating the claim of the complainant amounting to Rs.59,803/- and by ignoring the inspection and assessment report submitted by the surveyor engaged by the o.p. and as such the complainant are entitled to get relief.
Hence ordered
That the case no.124/2016 is allowed on contest with cost. O.p. is directed to pay the amount of Rs.55,154/- as assessed by the surveyor to the complainant. O.p. is also directed to pay compensation of Rs.8,000/- and litigation cost of Rs.2,000/- within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
