Jharkhand

Bokaro

CC/18/99

Mukesh Kumar - Complainant(s)

Versus

Branch Manager, National Insurance Co. Ltd. - Opp.Party(s)

R.K. Roy

18 Aug 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Case No. 99/2018

 Date of Filing-10-8-2018

 Date of Order-18-08-2022

Mukesh Kumar S/o Late Sri Ram Kumar,

R/o Qr.no 2112, Sector-12/C, P.O- Sector-12,

 Bokaro Steel City, District- Bokaro Jharkhand

                                      Vr.

Branch Manager, National Insurance Co. Ltd.

Bye Pass Road Chas Branch, Chas district Bokaro, Jharkhand 

Present:-

          Shri Jai Prakash Narayan Pandey, President

          Smt. Baby Kumari, Member

                                                -Order-

1. This case has been filed with prayer to direct the O.P. (National Insurance Co. Ltd.) to pay Rs. 49,625/- on account of cost of repair of the insured vehicle and to pay Rs. 25,000/- as compensation and Rs. 25,375/- as legal cost to the complainant.
2.  The case of the complainant in short is that his Swift Dezire vehicle No. JH05-BJ-1472 was insured with O.P. which was renewed for the period from 29.01.2018 to 28.01.2019.  Further case is that on 04.02.2018 said vehicle met with an accident which was repaired at Hindustan Auto Works, Sector-4, B.S. City, Bokaro for which he paid Rs. 49,625/- to the work shop but it was not reimbursed by the O.P. inspite of filing application hence case has been filed.
3.  W.S. has been filed by the O.P. mentioning therein that no papers have been submitted to the O.P. by the complainant however, on receiving information regarding accident of the vehicle  matter was investigated by the Investigator deputed by the O.P. and he has submitted report regarding admissible claim of Rs. 16,173/- to the complainant after deduction of salvages and other charges etc. Further reply is that there is no delay nor deficiency in service hence case is liable to be dismissed.
4. Only point for consideration is whether complainant is entitled to get relief as claimed or not?
5. It is admitted fact that vehicle concerned was insured with O.P. and said vehicle was purchased sometime in the year 2015. Further admitted fact is that vehicle concerned met with an accident on the alleged date and on getting information O.P. has deputed Surveyor who has submitted report dt. 08.03.2018. Another admitted fact is that claim of the complainant has not been repudiated by the O.P.
6. Papers annexed with the complaint petition are showing that just after accident on 04.02.2018 insurance claim form was submitted on 05.02.2018 however, claim has not been settled till date.  As per norms set by IRDA 35% of the actual cost is required to be deducted as depreciation in respect to the vehicle insured exceeding the age of four years but not exceeding five years. In respect to rubber/nylon/plastic parts, batteries etc. 50% deduction is permissible, similarly in respect to fiber parts components  also there is permissible deduction.
7. The complainant has filed photo copy of the surveyor’s report and according to it total estimate of repair is Rs. 49,675/- but after deduction of depreciation value as well as salvage value admissible amount payable to the complainant is Rs. 16,173 by the O.P. Learned Counsel for the complainant is unable to show that why the report of the surveyor is liable to be rejected. He  has not shown any discrepancy or defect in the surveyor’s report. Therefore, we are of the opinion that there is no reason to discard the surveyor’s report. Accordingly we are of the view that complainant is entitled to get relief to the tune of Rs. 16,173/- only along with compensation etc.
8. Accordingly prayer is being allowed in the following manner:-

O.P. is directed to pay Rs. 16,173/- to the complainant within 60 days from receipt/production of this order and also to pay Rs. 5000/- as compensation and Rs. 3000/- as litigation cost within above mentioned period, failing which O.P. shall pay interest above amount @ 10% per annum from 10.08.2018 (the date on which complaint was filed) till full payment.