Jharkhand

Bokaro

CC/16/89

Dr. Harendra Kumar Mishra - Complainant(s)

Versus

Branch Head, Reliance General Insurance Co. Ltd. - Opp.Party(s)

A.K Ray

06 Feb 2019

ORDER

The complainant Dr. Harendra Kumar Mishara has filed this case for a claim of Rs. 54,635/- with 12% interest p.a. since 30.03.2015 and compensation of Rs. 50,000/- for mental and physical harassment and litigation cost of Rs. 10,000/-.

1. Complainant had stated that he has purchased a Car Ford Feasta Titanic bearing registration No. JH-09-J-1500 and the said car was insured with the O.P. Insurance co. Namely Reliance General Insurance co. Ltd., Insurance Policy was valid from 08-10-2014 to 07-10-2015. The vehicle was insured for sum for Rs. 8,00,000/-
2. It is further submit that said car met with accident on 21-06-2015 between Sandesh and Arwal due to wrong side hit by a tractor the said car was badly damaged.
3. Following documents have been filed in support of case:-

Anx-1 Photo copy of bill issued by Rajhans Automobiles dt. 15.07.15 for

Rs. 11,839/-

Anx-1/1 Photo copy of issued by Rajhans Automobiles dt. 15.07.15

for Rs. 10,980/-.

Anx-1/3 Photo copy of issued by Rajhans Automobiles dt. 15.07.15

For Rs. 31,836/-.

Anx-2 Photo copy of repudiation letter dt. 30.07.2015.

Anx-3 Photo copy of Insurance Policy.

Anx-4 Photo copy of legal notice.

It is further submitted that said car was given to M/S Raj Hans Automobile Ltd. Dhanbad for repairing. The said car was repaired and bill was raised for Rs. 54,635/-.

4. That complainant has filed the claim for the said amount but insurance co. has not paid the amount and demanded several document, which ware submitted by the complainant but insurance company has not paid this amount.
5. Following documents have been filed by the O.P. :-

Anx-A Photo copy of bill dt. 15.07.15 for Rs. 31839/-.

Anx-B C.D.

Anx-C Photo copy of letter dt. 30.07.15 repudiation letter.

6.  

  

F I N D I N G S

5          We perused the record and documents filed , we have no doubt the complainant being owner of the said car  in question, therefore he is a consumer and the dispute is a consumer dispute the said car met with a accident on 21-06-2015 and this case has been filed on 05-08-2016 and such within limitation.

6          Admittedly Car was met with in accident on 21-06-2015 and repaired by authorized workshop M/s Raj Hans Automobile Ltd. and bill for repairing is Rs. 54,635/- which has been filed by the complainant. The Complainant has also filed insurance policy No. 2410542311001296 which is valid from 08-10-2014 to 07-10-2015.  The contention of the O.P. regarding Surveyor Report for loss Rs. 26,770/- is self contradictory from the bill submitted by the O.P.

7          Accordingly, we allow the claim of the complainant and O.P. Reliance General Insurance Co. Ltd. Is hereby directed to pay Rs. 54,635/- (Rs. Fifty Four Thousand Six Hundred Thirty Five) only with interest of 10% Per annum since the date of 30-07-2015 that is date of repudiation to till the date of realization.

O.P. is further directed to pay compensation of Rs. 5000/- (Rs. Five thousand) only for mental harassment and litigation cost of Rs. 4000/-(Rs. Four thousand) only to the complainant within 60 days of passing this order, failing which the rate of interest on the main claim shall be enhanced 12% P.A. till realization.