Orissa

Jharsuguda

CC/76/2017

Sri, Sanjay Ku. Naik, S/O- Chakradhara Naik - Complainant(s)

Versus

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

Prem Kumar

14 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.76 OF 2017

 

Sanjay Kumar Naik ( 40 Years.),

S/O- Chakradhar Naik,

RO: RHS Colony,Rangadhipa,PS: Town,

PO/ Dist: Sundargarh, Odisha………………………………………………Complainant.

     

                                    Versus

 

The Branch Manager,

The Oriental Insurance Co.Ltd., Jharsuguda Branch,

Kali Mandir Road,Jharsuguda, PS: Town,

PO/Dist: Jharsuguda, Odisha…………….……………..………....….……...Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                 Prem Kumar, Adv.& Associates.

For the Opp. Party                                   A.K.Misha, Adv. & Associates.

 

Date of Order: 14.08.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                              2. Shri Santosh Kumar Ojha, Member.

                                                                             3. Smt. Anamika Nanda,Member(W).

 

Shri Sundar Lal Behera, President : -  Brief facts of the case are that the complainant being the owner  of a vehicle bearing Regn. No.OR 02-AY-1727 insured the same with the O.P Insurance Company for a period from dt.13.01.2016 to dt.12.01.2017 for Rs.4,50,000/- only.   On dtd.08.06.2016 the Insured vehicle met with an accident near Santara(Talmal Road) under Jharsuguda Police Station and sustain heavy damage.  The said accident was intimated to Talpatia Outpost and the same was also intimated to the O.P Insurance Company on the same day of the accident of the vehicle. Thereafter, the O.P. Insurance Company deputed a Surveyor Sri R.N. Tripathy who conducted Spot Survey as well as Final Survey of the insured vehicle who assessed the loss cause to the vehicle to be Rs.60,333.46P.  After repairing of the said vehicle at M/s Odisha Auto Care, Jharsuguda the complainant lodged a claim under the policy before the O.P Insurance Company claiming estimate cost of Rs.1,57,743/- only.  The complainant alleged despite of several approaches and request made by him the Insurance Company remain silent and lastly reject his claim vide letter dtd. 10.04.2017 on the ground that the driving license of the driver Domborudhar Patel who was driving the vehicle at the time of accident was not produce his driving license and due to non-production of valid permit in the name of complainant.  Challenging the said rejection letter alleging deficiency in service on the part of O.P Insurance Company, the complainant have filed this complaint before this Forum with a prayer for a direction to the O.P. Insurance Company to pay Rs.3,00,000/- only towards his claim along with compensation. The O.P. Insurance company, on the other hand claims the rejection to be legal due to violation of the policy condition.

 

Issuance of the policy and the accident of the vehicle are not disputed.  The only dispute is to be decided as to whether the complainant is entitled for his claim amount due to the loss sustained to the insured vehicle.   In consequence of an accident the O.P Insurance Company has categorically submitted that the complainant himself has mentioned the name of the driver at the time of accident as Domburudhar Patel in the ‘Motor Claim Form’ dtd. 13.06.2016 with his own signature but failed to produce the driving license of the said driver Mr. Patel.  The complainant submit that he has wrongly mentioned the name of the driver to be Domburudhar Patel in place of the actual driver who was driving the vehicle at the time of accident was one Shusil Kharsel and the driving license of the said driver had been produce before the O.P Insurance Company.  The other grounds of rejection as communicated to the complainant is in regard to fitness Certificate of the vehicle.  The Permit Certificate of the vehicle on enquiry was found to be in the name of one Srinivas Naik and not in the name of insured/ complainant.  A carbon copy of the Station Diary Entry No. 17 dtd. 08.06.2016 issued by Sri P.K.Parida, ASI of Talpatia Outpost has been produce by the complainant wherein it  reveal that the Police concerned has mentioned the name of the driver at the time of accident of the vehicle to be Shusil Kharsel and the same endorsement is to be believe.  Further in connection with accident claim, the insured was having valid permit or fitness Certificate cannot be a ground to rejection of the claim as non-holding of those certificate are offences under the M.V Act for which punishment have been provided under the said Act.

 

 In Our opinion the reason mentioned in the claim rejection letter dtd. 10.04.2017 are not matter much while considering the Insurance claim of the complainant as those reasons cannot be treated as valid reasons for a rejection of the claim.

             

Final Motor Survey Report dtd.25.02.2017 with a assessment of loss having net liability of the O.P Insurance Company to Rs.60,333.46P against the estimate of Rs.1,57,764/- only without any objection can be accepted and the complainant is entitled for Rs.60,333.46P towards his claim. Also due to delay cause for a period of one year is also entitled to get compensation in term of interest from the date of submission of Final Survey Report i.e. 25.02.2017.

 

As per our above stated observation, the complaint is allowed, the O.P Insurance Company is found to have rendered deficient service by rejecting claim of the complainant.  we, therefore, direct the O.P. Insurance Company to pay a sum of Rs.60,333.46P to the complainant along with interest @ 9% per annum from dtd. 25.02.2017 till its realization.  The O.P/Insurance company shall pay Rs.2,000/-(Rupees two thousand) only to the complainant  towards litigation cost. 

 

The above stated directions shall be complied by the O.P/ Insurance Company within one month from the date of receipt of copy of this order, failing which the O.P Insurance Company shall be liable for interest @ 10% per annum on the aforesaid awarded amounts till realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 14^th day of August’ 2018. Copy of this order shall be made available to the parties free of charge. 

         I Agree.                           I Agree. 

                                                           

1. Nanda, Member(W)               S.K.Ojha, Member      S. L. Behera, President           

Dictated and corrected by me

 

     S. L. Behera, President