Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 11.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay the accidental claim amount i.e. 1,80,000/- ( Rs. One Lac Eighty thousand only ).
- To pay Rs. 20,000/- ( Rs. Twenty thousand only ) as Compensation and litigation costs.
- The complainant has asserted following facts in complaint petition :-
The petitioner is the owner of Tata Indica Vista Terra TDI car bearing its registration No. BR 01 AU 8109 which was purchased in the year 2010 and its Engine No. is 475IDT14PQZPC9586 and its Chasis No. is MAT……..
After purchase of the car the petitioner was availing its service very satisfactorily, but on 18.07.2010 when was travelling to Chapra by his car all of sudden the petitioner’s car met an accident near Sonepur Dhalla at Sonepur and as such it was completely damaged, and regarding the accident an FIR was instituted vide the Sonepur P.S. case No. 176 of 2010. ( Vide Annexure – 1 & 1A ).
It is important to state that after purchase of the vehicle ( Car ), it was got insured with the Future Generali India, insurance Company Ltd. Patna. ( Annexure – 2 )
On the date of the accident the petitioner’s said vehicle ( Car ) was within the insured period as the Insurance period was prevailing from 27.02.2010 to 26.02.2011 and the accident was caused on 18.07.2010.
After the accident the petitioner’s car was seized by the local police which was later on released by the order of C.J.M. saran ( Chapra ).
After the release of the car by the Hon’ble Court order it was repaired by Guinea Motors ( Pvt. ) Ltd. Patna and total repairing cost tuned up to Rs. 1,40,498/- receipt/ Tax In Voice attached herewith. ( Annexure – 3 )
It is pertinent to state that the petitioner also informed the insurer company, the Future Generali India Insurance company Ltd. Patna about the fatal accident of his car and also requested for accidental claim of his car. The company official initially they gave assurance for redressal of his grievance about payment of accidental claim but they did not pay a single pie as yet for the accidental claim. For this purpose the petitioner approached the insurance company personally many times, and he also gave his written representation regarding his accidental claim, but all these have gone in vain and not a single pie has been given to the petitioner uptill now. ( Annexure – 4 & 4 A ).
In the said accident the petitioner has sustained heavy loss of approximately amounting Rs. 1,80,000/- other than the miscellaneous expenses.
The facts asserted b the complainant has been mentioned in the foregoing paragraphs.
It is needless to say that a Vakalatnama has been filed on behalf of opposite party no. 1 on 09.12.2014 but till 24.11.2015 nothing has been filed and as such petitioner counsel was heard on 24.11.2015. As there is no document i.e. written statement etc. has been filed on behalf of opposite party despite of passing of 11 ( eleven ) months hence we have no option but to rely on the statement of the complainant which have been given on affidavit.
It goes without saying that there is no material to counteract the assertion made by the complainant. The fact of this case has been asserted in foregoing paragraphs but the cost of repetition we think it proper to record certain facts in order to record our findings.
Complainant has asserted that his vehicle met an accident on 18.07.2010 while he was travelling to chhapra through his vehicle thereafter FIR was lodged and with the direction of learned C.J.M. Chhapra his vehicle was released. Vide Annexure – 1.
It has been further asserted that the aforesaid vehicle was insured with opposite party and period of insurance covered from 27.02.2010 to 26.02.2011 as per complainant case. The accident has taken place on 18.07.2010 thus the accident took place while the insurance policy was continued. The complainant got his vehicle repaired and he has stated that he has pay Rs. 1,40,498/- Vide Para – 6 of the complaint petition. The complainant has annexed Annexure – 3 which is Tax Invoice which includes the cost of repair.
From bare perusal of Annexure- 2 it appears that it is not a certificate of insurance policy rather it is cover note bearing no. BO 20819. Hence, in absence of original insurance certificate we are unable to gather other details regarding insurance policy because in cover note it is mentioned that it is valid for 60 ( sixty ) days only.
We are unable to know whether original certificate of insurance policy has been insured to the complainant or not.
From perusal of Annexure – 3 it appears that only total amount of Rs. 29,936/- had been paid however from perusal of Annexure – 4 it appears that the complainant has filed a petition before opposite party no. 1 stating therein that he has paid Rs. 1,50,000/- and he has annexed receipt showing the details of aforesaid expenditure. This application appears to have been filed on 01.02.2012. It has asserted that the complainant has sustained heavy loss of Rs. 1,80,000/- besides other miscellaneous expenses. Due to aforesaid discrepancy we are unable to give clear cut direction with regards to the payment of the claim to the opposite party but it appears from the record that the complainant is pursuing this matter since 30.03.2012 and uptill now the grievance of the complainant has not been redressed by the opposite party. This shows gross deficiency on the part of the opposite party in deciding the claim of complainant.
For the discussion made above we direct the complainant to again file appropriate application i.e. claim, to the opposite party with details of the relevant facts within the period of one month from the date of receipt of this order or certified copy of this order.
We further direct if the aforesaid application is filed by the complainant to opposite party, the opposite party is directed to pass appropriate order on the aforesaid application of the complainant within the period of two months from the date of filing of aforesaid application.
We further direct that if the certificate of insurance has not been received by the complainant or the aforesaid certificate might have been misplaced by the complainant then the opposite party will examine his record and issue another / duplicate copy of the aforesaid certificate of Insurance and decide the claim of the complainant with sympathy after examining their record within the aforesaid of period of two months as stated above.
If the opposite party fails to decide the claim of the complainant within the aforesaid period of two months then the opposite party will have to pay Rs. 100/- per day to the complainant as penalty for delay for deciding the claim of the complainant till the final decision is made by the opposite party.
We further direct the opposite party to pay Rs. 10,000/- to the complainant by way of compensation and litigation costs within the aforesaid period of two months.
Accordingly, this complaint petition is disposed off in the terms indicated above.
Member President
