JUDGMENT AND ORDER
Briefly stated the case of the complainant, in brief, is that the complainant is the registered owner of 3 (three) Wheeler Bajaj Auto bearing Registration No.- AS-11-CC-8162. The vehicle was insured with the Oriental Insurance Company Ltd. ( here-in-after called the Opposite Party, in short the O.P. ) vide Insurance Policy No.-322600/31/2019/4298 for the period from 17/07/2018 to 16/07/2019. That on 23/06/2019 the said vehicle was kept parked in front of Silchar Medical College Hospital ( in short, SMCH ) emergency unit, Gungoor from where it was stolen away. Thereafter the complainant not finding the vehicle after searching here and there immediately lodged an FIR at Gungoor Police Out Post on 23/06/2019 and accordingly Silchar P.S. Case No.- 2124/2019 U/S 379 IPC was registered. The matter of theft was also intimated to the Insurance Company who appointed their Investigator for enquiry and report. The complainant submitted all necessary papers as per requirement of the Insurance Company. On the other hand, the Police after due investigation submitted Final Report. It is stated that though the complainant is legally entitled to get his legitimate claim but the O.P. repudiated the claim on 08/09/2020 stating that the original driving licence of the driver is irregular . Feeling aggrieved with the repudiation of the claim this complaint was filed. It has been claimed by the complainant that on account of illegal and deceitful activities of the O.P. he has suffered irreparable financial loss. The complainant has , therefore, prayed for passing an award of Rs. 1,43,170/- being the insured money of the vehicle alongwith interest @12% on the insured amount and for other reliefs including cost of the proceeding.
The O.P. filed written statement alleging, interalia, that there is no cause of action, that the complaint is not maintainble, it is bad for breach of policy conditions etc. It has been stated by the O.P. that the insurance Company had issued the Motor Policy subject to terms and conditions of the policy . That the vehicle was stolen while it was parked in front of the Emergency gate of SMCH, Silchar and driver Raju Islam Barbhuiya kept the vehicle at the said place. It is stated by the O.P. that after verification it has been disclosed that the DTO, Cachar issued the driving licence in the name of Raju Islam Barbhuiya on 08/01/2015 and the original driving licence was issued by the DTO, Bishnupur, Manipur in the name of one Daishran Nanao Singh of Bishnupur and thus it is clear that the driving license of driver Raju Islam Barbhuiya was fake. According to the O.P., due to the violation of the Driver’s clause of the conditions of the policy the Insurance Company rightly repudiated the claim of the complainant and as such there was no deficiency in service on the part of the O.P. Under the circumstances, the complaint is liable to be rejected.
In support of his case the complainant has submitted his evidence on affidavit as PW-1 and has exhibited some documents. On the other hand, from the side of O.P. Insurance Company the evidence of D.W.-1 Sri Thanglianlal Tonsing , Assistant Manager of the O.P. Company is also furnished by way of affidavit alongwith some exhibits. Both parties have also submitted written argument in addition of the oral argument put forward by the learned counsels of the respective parties. Perused the entire evidence on record.
PW-1 , the complainant in his evidence has reiterated the same facts as stated in the complaint petition. The version of PW-1 is that he is the registered owner of 3 (three) Wheeler Bajaj Auto bearing Registration No.- AS-11-CC-8162. The vehicle was insured with the O.P. vide Policy No.-322600/31/2019/4298 . Subsequently the said vehicle was stolen away by unknown person while it was parked in front of SMCH Emergency Unit, Gungoor. Thereafter, according to PW-1, he did not find the vehicle after searching it here and there and then he lodged an FIR at Gungoor Police Out Post on 23/06/2019 and Silchar P.S. Case No.- 2124/2019 U/S 379 IPC was registered. The matter of theft was also intimated to the O.P. Insurance Company and as required by the O.P. he submitted necessary documents for settlement of the claim of Auto. Later on the Police on completion of investigation submitted Final Report. PW-1 has further contended that the O.P. on baseless plea and pretext most unreasonably repudiated the legitimate claim of insurance of the vehicle stating that the original driving license of the driver is irregular. PW-1 has exhibited the copy of Insurance policy as Ext.-1, copy of Final Report of Police as Ext.-2, copy of letter for submission of document as Ext.-3, copy of Repudiation of Claim as Ext.-4, copy of driving license of the driver as Ext.-5 etc.
On the other hand DW-1 in his evidence has not disputed the policy of the vehicle of the complainant and its coverage. The statement of DW-1 is that on receipt of the information of theft of the vehicle Sri Mrinal Kanti Deb was deputed as Investigator for detail investigation of theft and for submission of report accordingly. DW-1 has exhibited the Investigation report as Ext.-B. According to DW-1, it has revealed from said Ext.-B that before parking the alleged Auto in front of the Emergency gate of SMCH, Silchar the vehicle was driven by driver Raju Islam Barbhuiya. It has further been disclosed that the driving license of Raju Islam Barbhuiya was renewed by DTO, Cachar, Silchar on 20/04/2019 and the original license of the same was issued by DTO, Bishnupur, Manipur in the name of one Sri Laishram Nanao Singh and as such the driving license of Raju Islam Barbhuiya was fake. To substantiate the fact DW-1 has exhibited the verification report of DTO, Bishnupur, Manipur. It has been claimed by DW-1 that as the complainant violated the terms and conditions of driver’s clause as enshrined in the policy so his claim was rightly repudiated and as such there was no deficiency of service on the part of the Opposite Party.
Coming to the point of violation of driver’s clause as raised from the side of O.P. during the course of hearing it has been submitted by the complainant side that the DTO, Silchar issued the driving license of driver Raju Islam Barbhuiya and on seeing the said driving license and on being satisfied the complainant engaged the said driver. There was also no any reason for the complainant to doubt the authenticity of the said driving licence issued by the DTO, silchar. Further it has been submitted by the complainant side that the alleged incident of theft has got no any relation with the driving licence of the alleged driver. On the other hand, perusal of Ext.-B Investigation Report goes to show that the ownership of the vehicle has been proved beyond doubt. It has also revealed from the Investigator’s Report that on the relevant night the alleged vehicle was really parked on the said spot of SMCH, Silchar. That the vehicle was stolen away from the said parking site on that point also there is no any dispute in the case.
In view of the above discussion of the materials on record we are of the considered opinion that the complainant is entitled to get relief in this case and by repudiating his legitimate claim the O.P. caused disservice to the complainant. The complaint also suffers from no defect. Accordingly, it is ordered that the O.P. Insurance Company shall pay an amount of Rs. 1,43,170/- ( Rupees one lakh forty three thousand one hundred seventy ) only towards claim of compensation for vehicle, an amount of Rs. 10,000/- ( Rupees ten thousand ) for mental pain, agony and harassment. The O.P. shall further pay another amount of Rs.10,000/- ( Rupees ten thousand ) only to the complainant towards litigation cost. The entire amount shall be payable within a period of 90(ninety) days from today else interest @8% per annum would accrue on the amount from the date of this judgment till realisation of the amount.
It reveals from the exhibited papers that the vehicle was purchased by the complainant availing finance from Bajaj Finance Ltd., Silchar branch and the vehicle is also under hypothetication. As such, if any amount is due to pay to the said Finance company then after payment of entire due of the Finance Company from the amount of compensation the remaining amount shall go to the complainant. Again it is ordered that the complainant shall submit all papers pertaining to the ownership of the vehicle in question to the O.P. Insurance Company so that in future if the vehicle is recovered then in that case the ownership would be that of the Insurance Company.
With the above relief and direction the case stands allowed on contest. We deliver the judgment and order on this 10th day of August’ 2022 under our seal and signature.
