Order No. 5   Date: 06.03.2024

The case is taken up for admission hearing.

Perused the Petition of complaint and the documents annexed with the petition of compliant by the complainant. 

Heard Ld. Advocate for the complainant.  Considered.

This is a case filed by the complainant U/S 35 of the CP Act, read with Section 38 of the CP Act, 2019.  On a close scrutiny of the facts and circumstances of the case and also considering the documents and policy agreement, it appears that the complainant paid for settle the claim of Rs.13,75,543/- as the air bag of the subject car was opened when the car suddenly fell in the hole in the middle of the road on 28.07.2022 which is costly to repair by the complainant. Hence, the complainant prayed to the OP insurance Co to settle the claim as mentioned above.  But on a close scrutiny of the policy agreement it appears in the Point No.2(a)  that the Company shall not be liable to make any payment in respect of the consequential loss, mechanical or electrical breakdown etc.  The Commission is of view that the loss sustained by the complainant due to sudden fall of the car in the hole is the consequential loss and also mechanical break down and the Insurance Company shall not be liable to make any payment which ignited this Commission to hold the view that the case cannot be admitted due to want of basic criteria for admission. Thus, the same is considered and rejected.