ORDER NO.  6  DT. 25.3.11

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant is present through Mr. N.R.Mukherjee.  In spite of  receipt of notice none appears on behalf of the OP at the hearing of this case.  Heard the Ld. Advocate for the Appellant.  Judgement is delivered as under :-

This Appeal is by the Insurer against the judgement and order dt. 13.8.08 passed in C.F. Case No. 4 of 2008 by the Jalpaiguri District Forum.  The husband of the complainant was the owner of a Mahindra Pick-up Van, which was insured with the Appellant/Insurer.  The said Pick-up Van met with an accident on 21.3.06 in which the husband of the complainant died.  The above complaint case has been filed by the complainant as being the heir of the said deceased for settlement of the claim for the damage caused to the said vehicle in the said accident. 

At the hearing of this Appeal the complainant failed to establish that after the said accident she raised a formal claim for the damage caused to the vehicle along with the necessary documents.  However, although the Forum below has clearly observed that there was no material to prove that the complainant raised her claim by making formal application along with necessary documents, yet it disposed of the claim case by permitting the complainant to submit her claim form along with the documents required by the OP within a period of one month from the date of passing of the said judgement with further direction upon the OP to settle the claim within a period of two months thereafter, in default of which the complainant would be entitled to a sum of Rs. 2,16,000/- from the OP/Insurer within a period of one month thereafter.  The direction as given in the latter portion of the impugned order is the subject matter of this Appeal.  From the Insurance Policy it is found that the total cover was for a sum of Rs. 2,16,000/- in case of total loss of the vehicle in question.  Evidently the aforesaid complaint case was filed by the complainant for the damage caused to the vehicle in the said accident.  It has not been alleged in the above complaint that the said vehicle was totally destroyed and/or damaged beyond repair for which the complainant would be entitled to the entire amount of coverage.  Therefore, even in case of default the payment of the amount of total coverage to the complainant cannot arise at all.  That apart, the Forum below has not acted in accordance with law by observing as such, particularly when the claimant is yet to make any formal application raising claim with the insurer. 

In such view of this matter, this Appeal is disposed of by modifying the impugned judgement and order to the effect that the claim form that has been submitted by the complainant in the meantime shall be settled by the Appellant/Insurer in accordance with law and if necessary, by giving an opportunity of hearing to the complainant as expeditiously as possible, preferably within a period of 30 days from the date of communication of this order.  The other portion of the impugned judgement shall stand set aside.  However, it is made clear that if there be any grievances of the complainant against the settlement, if any, made by the Appellant/Insurer, then she will be at liberty to file a fresh complaint case before the concerned Forum.  This order be communicated to the complainant by the office of this Commission immediately.