BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
C.C NO-19/2020
Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy,Member (W).
S. Siba Prasad,aged about 51 years,
S/O- S. Narayan Murty,
At-Fatak,P.O-Budharaja,
Dist-Sambalpur, Pin-768004(Orissa). …..Complainant
Vrs.
Chairman, Royal Sundaram GIC LTD,
Vishranti Melaram Towers,No-2/319,
Rajib Gandhi Salai(OMR),
Karapakkam,Chhenai-600097. ….O.Ps.
Counsels:-
- For the Complainant:- Sri P.P.Panigrahi, Advocate.
- For the O.P :- Sri B.Purohit,Advocate & Associates.
DATE OF HEARING : 03.03.2021, DATE OF ORDER : 13.04.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the AUDI A-6 Car of the Complainant was insured with the O.P under Private Car Package Policy No-VPC1127514000100 for a sum assured of Rs. 32 lakhs for a period from dtd 17.05.2019 to 16.05.2020 for a premium of Rs.77,046/- and the O.P issued a forwarding letter, Certificate cum Insurance policy schedule and Invoice through e mail. On dtd.06.11.2019 the Car crossed a culvert between Bhoipali and Mirgamunda village while coming from Bhubaneswar to Sambalpur the Car stopped after 1 ½ kms and red light on the dash board turned on. The Complainant informed the matter to a person named Mithun on his mobile, related to the Insurance Company. Finding no way in the night the Complainant and his friend pushed the Car to a safe place near the village. The Car was next day taken to the Authorised Service Station at Bhubaneswar by towing on payment of Rs. 15,000/-. The Insurance Surveyor prepared an estimate for Rs. 10,30,589/- on dtd. 31.12.2019 and the total repairing bill was Rs.10,07,984/-. The repairer issued two bills on the instances of the Insurance Company i.e one for repairing amount of Rs.3,60,653/- for Insurance Company and Rs. 6,47,330/- for the policy holder. The Insurance company paid only Rs. 3,60,653/-only and the Policy holder had to pay Rs. 6,47,330/- to the repairer. The Insured requested the Territorial Manager Bhubaneswar to supply a copy of policy terms and condition and a surveyor report copy and requested for further indemnification. The O.P stated that they have only considered the claim which was inconsistent with the accident not the others. After the self propellant movement of the Car was stopped the Complainant had pushed the Car manually and physically for it’s safe custody. No policy violation was made to the condition no-4. The O.P is wishfully and wilfully ignored the insured which resort to unfair trade practice and deficiency in service.
The O.P though admitted the avail of policy by the Complainant and he states that the Complainant has violated the policy condition no-4 (as not taking proper steps to safeguard of the vehicle)and it is confirmed by the Surveyor Mr. Brajesh Sharma i.e- by running the vehicle after the accident which extended the damages due to the negligence of the driver of the Car who has not checked the Car and continued to run the Vehicle. The O.P engaged a Surveyor and Loss Assessor who assessed the loss at Rs.360,653.37 and the same was paid to the repairer of the Insured. But the claim was not consistent with the policy condition-4 as the damages were caused subsequently which were at insured’s own risk. The O.P has partially repudiated the claim as the damages are excluded as per the policy conditions and the damage to internal part of the engine were due to extension of damage for which the Company is not responsible. Again the O.P states that the assessment has been made on the age of the vehicle as on the date of accident (3 years 6 months 9 days) and depreciation was calculated at 25%. On dtd. 12.12.2019 the O.P has sent a letter to the Complainant that any further damage to the vehicle shall be entirely at the insured’s own risk”. Hence the O.P is no liable for compensation.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new AUDI A-6 Car which was insured with the O.P under Private Car Package Policy No-VPC1127514000100 for a sum assured of Rs 32 lakhs. The Complainant applied to the O.P for the settlement of the claim. As per the condition 4 of the policy- the insured shall take all reasonable steps to safeguard the vehicle from loss or damage and to maintain it in efficient condition and the Company shall have at all times free and full access to examine the vehicle or any part thereof or any driver or employee of the insured. In the event of any accident or breakdown, the vehicle shall not be left unattended without proper precautions being taken to prevent further damage or loss and if the vehicle be driven before the necessary repairs are effected any extension of the damage or any further damage to the vehicle shall be entirely at the insured's own risk. It is already inferred from the statements of the complainant that after the engine of the car is stopped in the late night in the jungle he along with his friend pushed the Car manually and physically to a nearby village for the safe custody of the Car and themselves rather leaving it unattended to prevent from further damaged. So the Complainant has not violated the policy condition. Again as per the policy condition -3 “the Company may at its own option repair reinstate or replace the vehicle or part thereof and/or its accessories or may pay in cash the amount of the loss or damage and the liability of the Company shall not exceed: for partial losses, i.e. losses other than Total Loss/Constructive Total Loss of the vehicle - actual and reasonable costs of repair and/or replacement of parts lost/damaged subject to depreciation as per limits specified.” The Insurance Surveyor prepared an estimate for Rs. 10,30,589/- on dtd. 31.12.2019 but the total repairing bill was Rs.10,07,984/- prepared by the repairer which was splited in to two parts i.e Rs.3,60,653/- for Insurance Company and Rs. 6,47,330/- for the policy holder. The Insurance company paid only Rs. 3,60,653/-only and for the rest amount of Rs. 6,47,330/- the Insurer denied to pay as the policy condition was violated. From the petition it is observed that on dtd.06.11.2019 the Car after crossing the culvert had stopped after 1 ½ kms and red light on the dash board turned on and the reason was not known to the Complainant. But the O.P partly allowed the claim superficially stating that the Complainant has not taken proper care for the Car having no supportive evidence. Mere saying that by running the vehicle after the incident which extended the damages due to the negligence of the driver of the Car who has not checked the Car and continued to run the Vehicle is simply indicates towards the shifting of burden to some another’s shoulder. The engine of the said Car stopped due to its internal problems which cannot be ascertained from outside which left no scope for driver to know the future consequences. The O.P has failed to establish the negligence on the part of the Insurer. Hence we order as under.
ORDER
That the Complaint petition is allowed. The O.P is directed to pay the rest amount of Rs. 6,47,330/- to the Complainant towards the expenditure incurred towards repair if the said Car. Further the O.P is directed to pay an amount of Rs.20,000/-(Rupees Twenty thousand ) by way of compensation to the Complainant for causing him mental, physical and financial loss and agony and Rs. 1,000/-(Rupees Ten Thousand) as litigation costs. This amount shall be paid by the OP to the Complainant within a period of 4(Four) weeks from the date of receipt of a certified copy of this order, failing which the OPs shall pay interest @ 5% per annum on this amount from the date of filing the complaint, i.e., 01.09.2020 till its realisation."
Order pronounced in the open Court today i.e, on 13th day of April 2021 under my hand and seal of this Commission.
Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.
I agree,
-Sd/- -Sd/-
MEMBER(W) PRESIDENT
Dictated and Corrected
by me.
-Sd/-
PRESIDENT
