Presented by Sri G.S. Pradhan, President:-<br /> <br /> Brief fact of the case is that, the Complainant, a cultivator had insured his tractor and trailor bearing Regd. No. OR-17-D-2485 and OR-17-D-2486 with the Opposite Parties company vide policy No. 163483 /31 /86 /6388881157 by paying the required premium separately for the tractor and trailor and never defaulted in payment of premium. On Dt.11/10/2006 while the tractor and trailor was kept in front of the house of the Complainant the tractor was stolen and could not be traced out. The Complainant lodged complaint in the Barpali Police Station vide P.S. Case No.95 Dt.12/10/2006 while police submitted final report. As the trailor could not be trace out by the police, the Complainant filed insurance claim for the trailor before the Opposite Party No.1(one) who at the instant case opined the claim to be genuine one but deferred payment on some pretext or other and finally repudiated the claim on Dt.19/09/2007 on the ground that the trailor is a part of tractor and insurance can not be claimed for the theft of trailor only, which amounts to deficiency of service by the Opposite Parties towards the Complainant. The Complainant claims from the Opposite Parties Rs.64,888/-(Rupees sixty four thousand eighty hundred eighty eight)only towards the cost of the trailor, Rs.30,000/-(Rupees thirty thousand)only towards mental agony and Rs.5,112/-(Rupees five thousand one hundred twelve)only towards cost of the litigation.<br /> <br /> The Opposite Parties in their joint version plead that the Opposite Party No.2(two), not being a necessary party be expunged from the proceeding. The Opposite Parties say that the policy number of the insurance stated by the Complainant is wrong. The Opposite Parties contend that the company shall not be liable to make any payment in respect of loss or damage accessories by burglary, house breaking or theft unless such insured vehicle is stolen at the same time. Since the claim is only for trolley, the claim is not admissible. This condition is as per section 1,2(a) of commercial vehicle package policy, under which the Complainant's policy was issued. Hence the claim of the Complainant is liable to be dismissed.<br /> <br /> Perused the Complainant's petition, Opposite Parties's version as well as the copies of documents filed by the Party and find as follows:-<br /> <br /> The insurance of the tractor and the trailer by the Opposite Party company vide policy No. 163403 /31 /86 /630001157 is admitted. The Opposite Parties repudiated the claim on the solitary ground that as per their policy condition Under Section 1,2(a), the company shall not be liable to make payment in respect of theft unless such insured vehicle is stolen at the same time.<br /> <br /> The schedule of premium under the policy package in question clearly mentioned that separate premium has been charged and received by the Opposite Party company in respect of the trailor and now denying the claim for the insured trailor on the ground that the tractor was not stolen along with the trailor, is against the principles of natural justice and equity. It also violates constitutional propriety and against the avowed public policy of affording justice under various sections of the fundamental rights particularly Under Section 14, that guarantees equality of treatment in equal position.<br /> <br /> The above fact compels the Forum to conclude that the Opposite Parties by repudiating the insurance claim of the Complainant in respect of the stolen trailor, have committed deficiency of service towards the Complainant.<br /> <br /> In the result, the Opposite Parties are directed jointly and severally to pay to the Complainant the claim amount of Rs.64,888/-(Rupees forty four thousand eighty hundred eighty eight)only towards the cost of the trailor with 9%(nine percent) interest per annum chargeable w.e.f. Dt.19/09/2007, the date of repudiation of the claim till the date of this Order and Rs.5,000/-(Rupees five thousand)only towards cost, compensation, with in thirty days hence failing which both the amount shall carry 18%(eighteen percent) interest per annum till payment.<br />