SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-settlement of insurance claim of the complainant’s stolen two-wheeler are the allegations arrayed against the Opp.Parties.
2. Complaint, in nutshell reveals that complainant is a registered owner of the motor cycle bearing Regd.No.OD-05-E-6261 having its Chassis No.ME 4KC09CJD8574396 and engine No.KCO9E86584317. The vehicle was insured with National Insurance Company(Ops) bearing Policy No.166014311410000261 and the insurance of vehicle was valid from dtd.20.10.2014 to midnight of 19.10.2015. It is alleged that the said vehicle was stolen by some unknown culprits at Bhubaneswar on dtd.19.09.2015. Complainant immediately lodged a written complaint before I.I.C,Sahid Nagar Police Station,Bhubaneswar and the F.I.R. is registered as P.S.Case No.531 dtd.19.09.2015 U/S379 of I.P.C. The complainant also intimated the facts to the OP-Insurance Company by producing a copy of the F.I.R, and the Ops assured the complainant to settle the claim, on its non-settlement complainant issued an Advocate’s Notice on dtd.03.08.2016 through Regd.post with A.D. But on receipt of the notice, Ops did not take any step to settle the claim, caused financial loss and mental agony to the Complainant. The cause of action of the instant case arose on dtd.19.09.2015, when the motor cycle was stolen and lastly on dtd.25.04.2017, when the Ops refused to settle the claim, the complaint is filed with prayer seeking direction of the Forum to Ops to pay an amount of Rs.60,000/-(Rupees Sixty thousand only) as cost of the vehicle and Rs.27,000/- as compensation for mental agony, financial loss and cost of litigation.
3. Being noticed OP-National Insurance Company appeared through their Learned Counsel Mr. S.K.Kar and filed written statement into the dispute denying the allegations and averred that complainant has never intimated the OP regarding the alleged fact of theft and not furnished any documents to prove his allegation which is mandatory provision to settle a claim, and accordingly the Ops have not committed any deficiency in service as alleged and the complaint is liable to be dismissed.
4. Heard the Learned Counsels for the complainant, gone through the written statement filed by the OP-Insurance Company, and documents filed by the Complainant. Complainant to substantiate his case filed attested Xerox of certified copies of Learned S.D.J.M, Bhubaneswar in C.T.No.4397 of 2015 alongwith Final Form ( U/S-173 of Cr.P.C.), seizure list, Zimanama. Complainant also filed photo copy of Registration certificate, Driving license, money receipts of stolen vehicle, copy of the F.I.R, and copy of the insurance policy. On perusal of documents it appears that Complainant is the owner of Honda Unicorn Motor cycle bearing No.OD-05-E-6261 and the said vehicle was insured with OP-Insurance Company an IDV of Rs.58,650/- and the insurance of the vehicle was valid from dtd.20.10.2015 to midnight of dtd.19.10.2016. The copy of the F.I.R. and final report of Ld. S.D.J.M.,Bhubaneswar in C.T. 4397 of 2015,reveals that complainant’s vehicle was stolen on dtd.19.09.2015, FIR was lodged before the Sahid Nagar Police Station,Bhubaneswar on the same date and as per the report of the investigation officer inspite of his best effort police neither traced the accused person nor recovered the stolen vehicle of complainant, accordingly the Final report is accepted. It is equally clear that the occurrance of theft of vehicle took place during existence/valid period of the policy.
Now the question before the Forum, that whether the non-settlement of insurance claim of the Complainant should be treated as deficiency in service of the Op-Insurance Company or not? The defence pleas of the Op-Insurance Company are that, the complainant has neither intimated the fact of theft to the OP-Insurance Company nor filed the necessary documents, which are mandatory provisions to settle the claim. On the otherhand, it is the case of Complainant that on the date of theft of vehicle i.e. on dtd.19.09.2015, he lodged the F.I.R. on the Police and intimated the Op-Insurance Company by producing the copy of the F.I.R. and assured by the Op-Company to settle the claim and on its non-compliance complaint on dt. 03/08/2016 issued an Advocate’s Notice through Regd. Post with A.D. But no substantial evidence is presented before this Forum by the complainant that the OP-Insurance Company was duly informed in a reasonable time period alongwith filing of documents for settlement of the claim. It is the settled position of law that in case of settlement of claim of theft of vehicle 2 things are important, First to inform the Police and in Second to intimate the Insurance Company about theft of vehicle immediately. In the instant dispute F.I.R. has been lodged in the same date without causing any delay, but intimation to the Op-Insurance Company by the Complainant is not supported by any evidence or perticulars. However, when the Police admits the fact of theft of vehicle and final report is accepted by Ld. S.D.J.M., Bhubaneswar, it is clear that Complainant’s vehicle was stolen on dt. 19.09.2015 during valid of the Insurance Policy and the Complainant-Policy holder deserves to be indemnified by the Op-Insurance Company. As, we have discussed earlier complainant failed to appreciate this Forum regarding intimation to the OP-Insurance Company and non-settlement of claim, we can’t liable completely the OP-Insurance company for deficiency in service, equally we can’t impose any compensation or cost on the Op-Insurance Company. However, the vehicle was insured with IDV of Rs. 58,650/- and on the date of the theft of vehicle 11 months have been passed, we think it proper to reduce Rs. 5,000/- (Rs. Five thousand only) as depreciation value of the vehicle. Accordingly, Complainant deserves an amount of Rs. 53,650/- as cost of the theft vehicle.
Having observations reflected above it is directed that within 7 days of receipt of this order. Complainant will filed necessary documents( copies of the F.I.R., Insurance Policy, order of the Ld. S.D.J.M., Bhubaneswar alongwith Final report, seizure list, zimanama etc) if not filed earlier. On receipt of the documents Op-Insurance Company shall release an amount of Rs. 53,650/- in favour of Complainant within one month from the date of receipt of the documents, failing which 6% S.I. will be charged for the delayed period.
Accordingly, the complaint is allowed inpart without any cost to the parties
Pronounced in the open Court, this the 11th July,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
