In the present case complainant by filing this complaint has alleged that complainant is the lawful owner of the truck (TATA) having the Registration No. WB-41B-7003 which unfortunately faced an accident occurred on 26.11.2007 at about  2:00 A.M. on G.T. Road under P.S. Kurda, Dist-Kaimur, Bihar during the course of carrying goods from Kolkata to Rae-Bareilly in Uttar Pradesh and at the material point of  time the vehicle was under the coverage of Insurance Policy being No.510402/31/07/01/00000794 valid from 07.06.2007 to 06.06.2008 issued by the op.  It is further submitted that at the time of accident the said truck was loaded 300 bags weighing 15 Metric Tons Ra Asbestos Fibre/AU-20 under LR No.53175 dated 23.11.2007 and same was transshipped to another vehicle and above goods was delivered to the consignee Visaka Industries Ltd., Rae-Bareilly in good condition.

          It is further submitted that at the time of accident the driver Chhotu Kr. Yadav having valid license No.WB-11-044886 drove the vehicle and due to accident he sustained serious injuries and ultimately he succumbed to his injuries at Referal Hospital Mohania.

           In the above backdrop complainant submitted the claim form duly filled in, together with all relevant documents like FIR, estimate for repairs and renewals etc and other matter for payment by the op no.1 under his letter which was received by the op no.1 on 25.04.2008.  Claim was lodged for Rs.4,59,704/- in comparison to the said claim submission of claim application, op no.1 appointed investigating surveyor and surveyors conducted the investigation and investigated the matter and submitted the report to the op no.1 on 29.04.2008.  Thereafter no irregularity and/or illegality was reported.  But complainant submitted several demand notice for release of final settlement amount of the said claim but that was not decided.  Rather it was reported on 11.11.2008 informing that the competent authority has declined the liability as submitted load challan is not authentic which is product of malicious intent, frivolous exercise and above all beyond the principle of natural justice.  Hence, the same is indefensible and cannot sustain in the eye of well-settled principle of law, as decided by the Apex Court.  “In the above situation for negligent manner and deficient service on the part of the op no.1 and unlawful act op the op no.1, complainant files this complaint praying for relief and redressal against the ops.

          Fact remains that this claim was made against Divisional Manager of New India Assurance Co. Ltd. Divisional Office No. IV, 23 Ganesh Ch. Avenue, P.S. Bowbazar, Kolkata-700013 notice was served of the op no.1.  Thereafter, op no.1 by filing written statement submitted that in fact complainant after such incident submitted his claim on 06.12.2007 and at the time of filing of the said claim form complainant submitted a policy dated 23.11.2007 issued purportedly by Aman Roadways which is in fact a consignment note and the document reveals inter alia amongst others the names of the consigner and the consignee, descriptions of goods loaded in the truck, the registration number of the truck by which the purported consignment was made and the point of origin and destination of the consignment.

          It is further alleged that purportedly the consignment of goods was transported by the truck of the complainant through Aman Roadways subsequently the ops appointed Sri Malay Nag, insurance panelled investigator to verify the said bilty no.49 and immediately thereof the investigators issued a letter dated 10.09.2008 addressed to the Aman Roadways under registered speed post with A/D on 18.09.2008 but the acknowledgement not known.  Subsequent thereto the said investigator visited the local address of the said Aman Roadways and failed to trace out the address even the existence of the said purported Aman Roadways and in consideration of both spot document verification about the purported bilty of the said Aman Roadways a report was submitted to the Regional office of the op concluding thereby that since there is no existence of the purported Aman Roadways, the subject bilty No.49 is not authentic.

          Thereafter relying upon the report of the surveyor the op 11.11.2011 reported the complainant that the said load challan, consignment note is not authentic and for which for filing wrongly fake challan and reported that settlement of the claim is suspended as no claim and thereafter complainant submitted in writing the op that the said load challan was submitted wrongly but instead of the said consignment note would relate to Associated Transporters for the same truck and of the same date with identical consignment having L.R. No.53174 dated 23.11.2007. Thereafter, even having received amended consignment note issued  by Associated Transporters under L.R. No.53174 dated 23.11.2007, this op again engaged another panelled investigator being commercial surveyors and verified the same and the said investigator/surveyor by their letter dated 27.09.2010 intimated this op inter-alia amongst others that the said transporters have not issued L.R. No.53174 in connection with truck No. WB-41/B-7003.  That in the mean time of survey when the panelled surveyor assessed the net loss of the subject truck and submitted whatsoever the loss of Rs.2,42,169/- subject to riders that the load challan was not produced to the said surveyor by the complainant and accordingly he submitted final assessment report.

          In the above backdrop this op decided the settlement claim as no claim for submitting one frivolous and false challan.  So, there were no latches on the part of the goods as per insurance contract.  It is the duty of the complainant to submit all papers in original and also authenticated paper but in two occasions complainant filed fake challans to prove his case for which it was turned down and it is the consideration precedent for settling any claim on the basis of the authentic documents so for the illegal act of the complainant, the said claim could not be properly processed for final decision and for which the claim is closed finally and complaint should be dismissed.

                                                      Decision with reasons

          On proper verification of the claim of the complaint including other materials as filed by the complainant along with complaint and after comparative verification of the same with the version of the op and also relying upon the documents of the ops it is proved that this complainant in two occasions filed fake load challan which was confirmed by the surveyors.  Then it is proved that by submitting some manufactured documents the complainant went to ops door for claiming compensation and no doubt those documents (Load challan in two occasions) issued by so called Aman Roadways and also by Associated transport were found fake and fabricated.  Then how the complainant can claim before this Forum that the ops act is illegal and complainant was harassed by the op.  In fact on proper assessment of the entire materials on record and the argument as advanced by the Ld Lawyers of both the parties and also conduct of the complainant it is proved that ops appointed three surveyors on three occasions to search out truth of load challan but in all respect all the challans as filed by the complainant were found fake and fabricated and it was never issued by Aman Roadways or by Associated transporters.  So, the present complainant is found not an honest business man and fact remains only for the purpose of getting entire sum assured and loss for due to accident procured all those fake documents but it is verdict of the Hon’ble Supreme Court and the Hon’ble National Commission that the business men must have got any relief from the Forum but even then we are not unmindful to the fact that complainant submitted papers in support of facing accident by the said truck at Rae-Bareilly district and due to said accident driver of the said truck sustained injuries and died and some damages were caused due to said accident and no doubt surveyor of the op company on proper assessment of the damage etc assessed the loss of Rs.2,42,169/-.  But no doubt the complainant has failed to show by any cogent documents that due to accident he suffered a loss to the extent of Rs.4,59,704/-.  But in this context we have already gone through the entire discussion matter and relying upon that we have gathered that complainant has failed to prove by any cogent document materials and evidence that he is entitled to entire claim amount as per insurance policy though surveyor’s report and assessment of loss by the surveyor to the extent of Rs.2,42,169/- has been submitted but complainant has not filed any valid challan or otherwise, so it is sufficient to reject it for not accepting it.  But as per verdict of the Hon’ble Apex Court and National Commission in so many cases it is already observed that surveyor’s report is a vital document and important one for considering the loss sustained by the insured in respect of any accident and if no sufficient document is produced or shown by the insured in any complaint case that said report is vexatious in that case there is no other alternative on the part of the Forum but to accept such surveyor’s report for coming in to a conclusion and decision to allow the present claim and in this regard we would relied upon the judgement passed by National Commission reported in 2004 CTJ 808 (CP) (NCDRC).  So, considering the report of the surveyor and also relying upon the above judgement we are convinced to hold that at best the complainant is entitled to get Rs.2,42,169/- in respect of disposing of the present claim of the complainant and this complaint.  But no interest should be awarded to the complainant for adopting unfair trade practices for producing vexatious load challan to the op authority again and again.  In the light of the above observation and also relying upon the entire fact, materials and discussions we are inclined to hold that complaint may be allowed in part by awarding Rs.2,42,169/- finally treating  his claim as pending before the insurance company is finally settled.

          Thus the complaint succeeds in part.

Hence, it is

                                                        ORDERED

          That the complaint be and the same is allowed on contest without any cost against the op.  Op insurance company is directed to issue a cheque of Rs.2,42,169/- in favour of the complainant against any valid savings bank account of the complainant and complainant shall have to supply that copy of the bank pass book to the op no.1 at once and on receipt of the same op insurance company shall issue a cheque of Rs.2,42,169/- in respect of the claim of the complainant in respect of the present insurance policy treating it as settled finally on full satisfaction. 

          The op no.1 is directed to issue the same invariably within 45 days from the date of receipt of the attested copy of savings bank pass book of the complainant before the op authority and op shall have to submit the same within 15 days from the date of this order to the op insurance company and op insurance company shall have to receive it and process the matter as per spirit of this order failing which penalty of Rs.10,000/- shall be assessed against the op insurance company for any sort of attempt to deny and disobeyance the Forum’s order, if it is found that the order has not been complied within stipulated time by the op in that case op insurance company shall have to pay penalty before this Forum.

          Ops are directed to comply the order and settle the matter as per spirit of this Forum’s order otherwise complainant may imposed penalty for his any sort of negative attitude is found in submitting the copy of his pass book to the op insurance company.