Orissa

Kendujhar

11/1998

Kunja Bihari Sahoo - Complainant(s)

Versus

Divisional Manager, New India Assurance Company Ltd. - Opp.Party(s)

Sri C. Hota, M.R. Padhi & R. Mahanta

28 Apr 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER DISPUTE CASE NO. 11 OF 1998

Kunja Bihari Sahoo,

S/o- Nrusingha Charan Sahoo,

At/P.O/ P.S - Pallahara, Dist- Angul                 ………………………..Complainant

                               Vrs.

Divisional Manager,

New India Assurance Company Ltd.

Canara Bank Building, 1st Floor,

Main Road, Jajpur Road, Dist- Jajpur               …………………………Opp. Party

 

PRESENT: - Shri A.K. Purohit, President

                   Mrs B. Giri, MEMBER (W)

                   Sri S.C. Sahoo, MEMBER

Adv. for the Complainant - Sri C. Hota, M.R. Padhi & R. Mahanta

Adv. for the OP - Sri A.K Pattnaik & R.R. Rana

_________________________________________________________________________________ 

Date of Hearing - 30.03.2016                                                                        Date of Order - 28.04.2016

Sri S.C. Sahoo, Member: The above numbered case has been remitted back to this forum by Hon’ble SCDRC, Odisha, Cuttack arising out of C.D. Appeal No. 785 of 2002 dismissing the order passed on 1.11.2002 by this Forum and on perusal of the LCR, it is found that the submission of learned counsel for the appellant is correct. So, in view of such submission, the appeal is allowed, impugned order is set-aside and the matter is remitted back to the District Forum who after giving a chance to the appellant to produce documents in his favour hear both the parties and pass order in accordance with law. The parties are directed to appear before the District Forum on 5.8.2015 to receive further instruction from it.

      Accordingly this Forum noticed to the contesting parties vide notice No.236 (2) dt.29.7.15 and the contesting parties appeared and concluded hearing in this matter.

     The brief facts of the case are that the complainant is the owner of Mini Truck bearing No. OR-09-4601 and the vehicle was insured with the Opp. Party vide Insurance Cover note No. BBSR/94/86437 valid up to dt.11.1.98. The said Truck met with an accident on 17.1.97 near Ranabijuli Chhak (Chandrasekharpur) on the way from Jagamohanpur to Telkoi and caused damaged to the vehicle and other occupants out of them some died at the spot and some others sustained bodily injured for which MACT cases are subjudice in the M.A.C.T. Keonjhar and the complainant lodged an F.I.R in the Telkoi Police Station and intimated about the incident to the Opp. Party and made claim for realization of compensation amount for the damage caused to the vehicle but the Opp. Party on 23.12.97 denied the liability and rejected the claim of the complainant as no claim. Hence, the complainant prayed for a direction to the Opp. Party to make payment of the compensation of Rs.1,08,300/- for repairing costs of the vehicle and Rs.10,000/- for mental agony with a sum of Rs.500/- as cots of the litigation and in support filed some Xerox copies of the documents of Cover note of Insurance bearing No. 86437 effected from 12.1.97 in form No. INSP.21 of New India Assurance Company. Copies of Policy bearing No.315507205669 issued to the complainant on behalf of the New India Assurance Company Ltd. Letter dtd.23.12.97 from Divisional Manager, New India Assurance Co. Ltd. to Kunja Bihari Sahoo owner of alleged vehicle.

    After service of notice the OP filed version on 27.5.98. In version stated that the petition is not maintainable it suffers from non-joinder and mis-joinder of parties, cause of action and the case also does not come under the purview of the Consumer Protection Act and the case suffers from full contradictions, and manipulations and fabrication of facts and circumstances and the Opp. Party further denied all the allegations made in the complaint petition and also stated that the driver of the vehicle had no valid driving license and the alleged truck had no valid Comprehensive Insurance and the cause of accident is the rash and negligent driving of the driver that besides the vehicle was carrying passengers in violation of the terms and conditions of the Insurance Policy at the time of accident and further stated that the complainant had never approached to this Opp. Party with a clean hand and not produced necessary relevant documents for enquiry and settlement, there is no lapses from this Opp. Party and prayed for rejection of the petition and in support filed some Xerox copies of documents.

       Heard the learned counsels for the contesting parties and perused the   materials available in the record. It is not disputed that the complainant is the owner of the alleged vehicle and the said vehicle was insured with OP which was met accident and Insurance was valid during material time i.e. accident and claim was lodged by the complainant before the OP are not in dispute. The only dispute was whether the driver of the alleged vehicle had valid D.L or not and the rejection of claim of the complainant was just and proper is the only adjudication matter.

    The learned counsel for the complainant submitted that the complainant has filed the D.L of the driver after remand of the case from Hon’ble SCDRC Odisha, Cuttack marked as Ext.A series in the record which was valid at the time of accident. The said D.L of the driver Magta Mundari, S/o- Bishon Mundari, At/P.O- Pallahara, Dist- Dhenkanal and further submitted that insurance was also valid at the time of occurrence i.e. accident.

     In this contest, on perusal of materials on record that the claim of the complainant was rejected by the OP on the ground of violation of policy, driver had no valid D.L and the other various grounds. And after reminder of this case from Hon’ble SCDRC, the complainant has filed the document like D.L. of the alleged driver marked as Ext.A series (two sheets) and on perusal of the D.L of the said driver Magta Mundari was valid from 7.4.94 to 6.9.97 i.e. during occurrence caused on 17.1.97 and at the outset we are convinced that the complainant has valid insurance and the D.L. of the driver was valid at the time of occurrence which is deposited by the complainant after remittance of the matter to this Forum to give a chance to the complainant to produce documents which seems lapses of time in order to get his claim and for the lapses of the complainant the OP is no way liable for imposition of any interest over the claim amount due to lapses of the complainant.

HENCE ORDER

We are convinced to direct the OP to pay the claimed amount of Rs.1,08,300/- along with compensation of Rs.5,000/- towards harassment and mental agony with cost of Rs.500/- within 30 days of receipt of this order failing which the entire amount Rs.1,13,800/- will carry an interest @10% per annum till realization.

             Accordingly the case is disposed of.

 

                                                                      I agree                                            I agree                                                                                

     (Sri S.C. Sahoo)                                 (Smt. B. Giri)                               (Sri A.K. Purohit)                   

           Member                                         Member (W)                                      President                               

 D.C.D.R.F Keonjhar                          D.C.D.R.F Keonjhar                       D.C.D.R.F Keonjhar

 

                                                                               Dictated & Corrected by me

                                                                                       (Sri S.C. Sahoo)

                                                                              Member, D.C.D.R.F Keonjhar