SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-settlement of Insurance claim of Complainant’s theft vehicle are the allegation arrayed against OP.
2. Complaint in nutshell reveals that, Complainant purchased a Indigo CS LX TDI car bearing Regd. No. OR 21C 8556, Chassis No. MAT 607 161 AWN 48779, Engine No. 475 IDT 14 NZYP94892 being financed by State Bank of India, Marshaghai Branch. Complainant insured his vehicle with National Insurance Company Ltd. through Op No.2 Branch Office, on dt. 10/12/2010 by paying a premium amount of Rs. 10,827/- by covering an insured amount of Rs. 4,64,395/-, the risk period of the vehicle covers from dt. 10/12/2010 to midnight of dt. 09/12/2011. It is alleged that on dt. 27/07/2011, when the vehicle was returning from Kusunpur three persons in-guise of passengers took away the vehicle forcibly on gunpoint, accordingly Complainant lodged a F.I.R in Marshaghai Police Station on dt. 28/07/2011 vide P.S. case no. 126 of 2011. U/S 395 of I.P.C. and 25 of Arms Act, further Complainant intimated the theft of vehicle to Op-1 Insurance Company through Op-2 with a copy of F.I.R. and there after submitted a copy of the charge sheet. But Op-Insurance Company deferred to settle the dispute, for which Complainant issued a legal Notice to Op- Insurance Company. On dt. 05/03/2015, Op- Insurance Company replied to the legal Notice. It is also revealed from the Complaint, that Op- Insurance Company vide their letter dt. 05/03/2015 intimated the Complainant that as some of the Co-accused persons have not been arrested, there is every possibility of recovery of the theft vehicle. It is the further case of the Complainant that such non-settlement of Insurance claim, the finance Bank is pressing heard to recover the loan amount, as the Complainant-loanee is not able to ply the vehicle and sustained a financial loss to the tune of Rs. 7,95,000/- by loosing his earings and forced to file this complaint with prayer seeking a direction of this Forum to Op- Insurance Company to disburse the claim amount with 18% interest till date of realization. The last cause of action of the instant case arose on dt. 14/10/2016, when the Complainant issued the lawyers Notice for settlement of claim and same gone unnoticed by the Op-Insurance Company.
3. On receipt of the Notice, Op- Insurance Company appeared through their Ld. Counsel Mr. S.K.Kar, but did not prefer to file any written statement into the dispute within stipulated period and as per the provisions of U/S 13 (b)(ii) of C.P.Act, 1986 allowed to take part in the proceeding.
4. Ld. Counsel for complainant submitted his case and filed the documents i.e, photocopy of Registration certificate of the vehicle, bearing No. OR- 21C-8556, photocopy of Policy schedule, photocopy of the certified copy of charge sheet in G.R. Case No. 748/2011, photocopy of letter of Op-Insurance Company dt, 05/03/2015 and other documents as per the list. The facts of the case, revealed from the complaint and documents that, Complainant is the owner of Indigo CSLXTDI car bearing Regd. No.OR-21C-8556. Complainant by availing a Finance from State Bank of India, Marshaghai Branch purchased the vehicle to earn his livelihood. The vehicle was insured with Op- Insurance Company under Pvt. Car Package Policy bearing No. 25041031106120035403. The total insured value of the vehicle is for Rs. 4,64,355/- and it covers the risk period from dt. 10/12/2010 to midnight of dt. 09/12/2010. It is also a fact that the vehicle in question was snatched forcibly by some accused persons on dt. 27/07/2011 during the existance of the Policy, the incident was reported and F.I.R. was lodged before Marshaghai Police Station vides P/S case No. 126 of 2011 and G.R. Case No. 748/2011. The G.R.Case revealed that charge sheet has been filed before the Honbl’e S.D.J.M., Kendrapara .Some accused persons are arrested and trial is under proceeding U/S 395 of I.P.C. and 25 Arms Act. The claim of the complainant is not settled by the Op- Insurance Company on grounds that there is chance of recovery of the vehicle and advised the complainant to bear for some more days.
It is to be decided by this Forum that whether such non-settlement of Insurance claim of the vehicle and waiting for recovery of the vehicle for a indefinite period can be treated as deficiency is service or not? It is clear from the documents presented before us that the occurance of theft of vehicle took place on dt. 27/07/2011 and F.I.R. was lodged before the Police on dt. 28/07/2011 and charge sheet was filed before Honbl’e S.D.J.M., Kendrapara on dt. 31/07/2014 and Op- Insurance Company on their letter dt. 05/03/2015 admitting the fact of theft of vehicle advised the Complainant to wait for a few more days expecting the theft vehicles to be detected, which is the only plea and not any way countered by the Op- Insurance Company stating the reasons of non-settlement of Insurance claim. It is evident from the facts and documents, that near about 4 years from the date of theft of vehicle, Complainant is waiting till the year 2016, the date of filing of the Complaint to avail the Insurance claim under the Policy. During the said period the Op- Insurance Company also failed to trace the vehicle by using their own agency, apart from the inquiry of the concerned Police. When the theft of vehicle is a fact and Complainant is not any way negligent in informing the authorities to trace the vehicle and such delay in settling the claim of the Complainant is deficiency of Op- Insurance Company which definitely caused financial loss and mental agony to the Complainant.
Complainant preys this Forum to allow the complaint and direction be given to Op- Insurance Company to release the claim as per schedule. In the schedule, complainant claim the Insurance value of Rs. 4,64,355/-, financial loss upto Rs. 7,95,000/- and other expenses Rs. 1,20,000/-as compensation for mental agony along with 18% interest P.A. till the date of realization of the amount. On allowing the claim amount of the Complainant, it is found that no valuation report of the surveyor is filed on the date of theft of vehicle to assess the valuation of theft of vehicle. Complainant claims and seeks direction of this Forum to Op- Insurance Company to pay the declared value of the Policy amounting Rs. 4,64,355/-. It is also clear from Policy schedule that the vehicle in question was covered under private car package Policy, hence in absence of any surveyors report and considering the age of the vehicle, Which is just more than
six months from the date of purchase, when the occurance took place, we are of the unanimous view that 5% deduction as depreciation on total insured value of the vehicle is just proper and legitmate claim of the Complainant and after 5% deduction the claim settlement amount of the vehicle comes into Rs. 4,41,137/-( Rs Four lakh Forty one thousand One hundred Thirty seven only).In addition to the above prayer, Complainant seeks compensation of Rs. 7,95,000/- as financial loss, Rs. 20,000/- as travelling expenses and Rs. 1 lakh as mental agony. On our considered view, the claim of the complainant is on very higher side and without any basis, No substantial document is presented into the dispute reflecting that Complainant was loosing Rs. 15,000/- P.M. as his earnings from the said vehicle. Further, the award of compensation must be based on materials on record. In the present dispute, we do not find any latches of Op-3, TATA MOTOR Insurance, also complainant has not sought any relief against Op No.3, So, Op No.3 is exempted from any such liability of deficiency in service.
Having observations reflected above, it is directed that, Op- Insurance Company will release an amount of Rs. 4,41,137/-( Rs Four lakh Forty one thousand One hundred Thirty seven only) along with 6% S.I. P.A. calculating from dt. 28/07/2011 to till its realization along with Rs. 1,000/- as cost of litigation in favour of the Complainant within one month of receipt of this order, failing which 9% interest will be charged for the delayed period.
Accordingly, Complaint is allowed in part with cost on exparte.
Pronounced in the open Court, this 7th day of December,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
