PRESENT

                   Complainant  Absent.                                                         

                  Opponent No. 1 by representative Adv.Sarbari Chatterge.

                   Opponent No. 2 Ex-parte.                      

                                        ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President. )

1.                     The complainant has taken Insurance policy from opp. No. 1 Insurance  company in respect of his car registered No. MH-04-CJ 7572 for a period 29.10.2009  to 28.10.2010 for a sum of Rs.4,59,057/-( Four lacs fifty nine thousand fifty seven ).

2.                The complainant alleged that on 10.7.2010 at 8.30 p.m. he was on pilgrimage to Shani-Singnapur.  The car met with an accident and the car got fir due to said incident and was taken to Rahuri police station with the help of crane.

3.                The complainant informed the opposite party on phone on 11.7.2010 and company appointed Surveyor.  The vehicle was taken for repairs at workshop of opp. No. 2 with help of crane.  He paid crane charges of Rs. 16,000/-(Rupees sixteen thousand ).

4.                The complainant submitted claim with documents i.e. FIR, spot panchnama, estimate etc.  He paid Rs.30,000/- to opp. No. 2 for repairs .  The repair took long time for work till Jan 2012.   He contacted opp. No. 1 for claim repeatedly, however there was no positive response.

5.                The complainant alleged that, he is entitle to receive the sum assured with interest @ 12 % p.a. in addition to compensation and cost of Rs.25,000/-

6.                The opponent No. 1 filed written statement and averred, that this forum has no jurisdiction to entertain the complaint, as well as there is no cause of action to file present complaint.  The complainant is guilty for gross violations of terms of policy and is not entitle for any relief.

7.                The opponent denied that complainant paid Rs.16,000/- towing charges and in any event Rs.1500/- is payable as per policy for the said purpose.   It is stated that complainant neglected to make advance payment of Rs.60,000/- as demanded by opp. No. 2 and made the said payment of Rs.30,000/- after four months.

8.                The opponent No. 1 stated that, there was no feed back from complainant or opp. No. 2 regarding the status of repairs till March, 2011.  The complainant failed to offer any explanation for delay to furnish details.  It is stated in para 6 of written statement that claim was assessed by surveyor of Rs.1,48,236/- ( Ruppes one lac forty eight thousand two hundred thirty six ) on repair basis.

9.                The opp. No. 1 stated that there was gross latches on the part of complainant in getting the vehicle repaired .  It is denied that claim could have been settled within three months.  It is prayed for dismissal of complaint with cost.

10.              The opp.No,2 was served with notice through public news paper having  

circulation.  The opp. No. 2 failed to appear and file say.  The forum passed order to proceed ex-party against opp. No. 2 on 10.11.2016.

11.               We have perused complaint, written statement, affidavit of evidence as well written argument filed by complainant and Insurance company.  We have heard learned counsel for parties.

12.              Admittedly complainant has taken insurance policy in respect the vehicle and the vehicle met with an accident on 10.7.2010 during Insurance period.  There is no dispute that damage was caused to the said vehicle and the same was given for repair to opp. No. 2.

13.              Admittedly the vehicle was not repaired for a long time of about more than a year.  The dispute was regarding the payment of repairs payable to opp. No. 2 as per agreement between complainant and opp. No. 2 Nikhil automobile.

14.              The complainant has claimed sum assured as per Insurance agreement.  The complainant stated in para 12 of written argument that bill of repair was settled between complainant and opp. No. 2 for Rs.2,00,000/- and accordingly on payment of amount, possession/delivery of vehicle was taken by complainant on 16.5.2013.

15.              The opponent No. 1 admitted that surveyor assessed the loss of Rs. 1,48,236/-  of vehicle .  As per policy term, insurance company shall be liable to pay on reimburse basis.  The complainant has not proved that there was loss, as claimed by him, for claiming sum assured we cannot award amount of Rs. 2,00,000/- which complainant paid to repairs as opp. submitted that surveyor assessed loss of Rs. 1,48,236/-.

16.              As per law laid down by Hon. Apex court, we have to consider report of surveyor as we do not find any ill-motive in assessment.   However the Insurance company shall be liable to pay amount with interest @ 9 % p.a. from date of filing of complaint till payment.

17.              As we awarded interest on the amount, we are of the view, no compensation be awarded.  We award cost of Rs.10,000/- to complainant.

18.     In the result, we pass the following order.

                                                O R D E R

1.       RBT Complaint No. 585/2012 is partly allowed.

2.       Insurance company ( opp. No. 1) is directed to pay Rs.1,48,236/-( One lac forty eight thousand two hundred thirty six only) with

          interest @ 9 % p.a.  From date of filing complaint i.e. 31.12.2012 till payment.

3.       Opponent is directed to pay Rs. 10,000/-(Ten thousand)  as cost to complaint.

4.       Copy of this order be sent to both parties