The complainant Devendre Vidharthy has filed this complaint petition against Divisional Manager, the insurance company Ltd. divisional office, Kolkata and two another (o.ps) for realization of Rs. 38,700/- as sum assured of motorcycle with 12 % p.a. interest from the date of theft till realization, Rs. 10,000/- as compensation and Rs. 10,000/- as litigation cost.
The brief, facts of the case is that the complainant had purchased a Hero Honda Passion Pro-100 CC motor cycle bearing registration no.-BR-065-8903 from Muzaffarpur agency in the year 2009. The aforesaid motor cycle was insured with o.ps company that is Oriental Insurance Company Ltd. from his insurance agent Sri Samir Kr, Assistance Manager, Sahaz E village Ltd. The policy No. of insurance was -. 311200/31/2013/47610 and its validity period was since 03-10-2013 to midnight of 02-01-2014. The further case is that in the insurance period, on 27-01-2013, the foresaid motorcycle of the complainant was stolen away by unknown thieves from Mohalla-Annad Bihar Colony Sahawazpur P.S. Ahiyapur District-Muzaffarpur. The further case is that the complainant informed to Ahiyapur P.S. On the basis of written Fard Bayan of complainant Adhiyapur P.S. case No. 43/2013 dated 27-01-2013, u/s 379 of the IPC was registered. The further case is that on 01-02-2013 the complainant informed in written to the o.p insurance company and D.T.O Muzaffarpur with copy of FIR Insurance Policy and owner book. After investigation police submitted final report showing the case true but no clue and the same was accepted by Ld. C.J.M. Muzaffarpur vide order dated 22-11-2013. The further case is that thereafter the complainant provided papers relating to the aforesaid motorcycle such as owner book, tax token, insurance policy, FIR, final report and the order passed by Learned C.J.M. Muzaffarpur but the o.ps did not provide the claim form to the complainant . The further case is that the complainant approached in the office of o.p No.-2 & 3 at Muzaffarpur at many times for compensation. Lastly, he sent a legal notice to o.p no.-1, but he neither replied the same nor filed the compensation amount so, the complainant filed complaint before the forum.
The complainant has filed the following documents with the complaint petition - Photocopy of Registration certificate annexure-1, photocopy of Insurance certificate annexure-2, photocopy of order dated 29-01-2013 to 22-11-13 passed in Gr. Case No. 327/2013 accepting final form annexure-3, photocopy of FIR of Ahiyapur P.S. Case. No.- 46/2013 annexure-4, photocopy of final form annexure-5, photocopy of legal notice annexure-6, photocopy of information to D.T.O. Muzaffarpur annexure-7, photocopy of D.G.M. Oriental Insurance Com. Annexure-8, photocopy of under certificate of Posting.
On issuance of notices, the o.p nos.- 1 & 2 appeared before the forum and filed their w.s. on 15-06-2015 with prayer to dismiss the complaint case. It has been mentioned in the w.s. that the complaint petition is not maintainable in the eye of law. It has been further mentioned that the complainant has got no cause of action or right to file this complaint case against the o.ps and the case is also bad for misjoinder and non-joinder of necessary party. It has been further mentioned that as per policy condition the complainant has not informed/reported to the o.p within 48 hours of the theft of the vehicle. It has been further mentioned that as per terms and condition of the policy, the complainant must have informed about alleged occurrence of theft to these o.ps and submit the relevant papers of his motorcycle bearing registration No.-BR-06S-8903 but the complainant neither informed nor submitted the relevant papers to this o.p. so on this ground alone this complaint case is fit to be dismissed. It has been further
mentioned that the intention and behavior of complainant shows that no alleged occurrence of theft was ever happened rather, alleged FIR is false, fabricated, concocted and the same is collusive in nature to grave insured amount illegally.
O.P. no.-3 appeared on 23-11-2015 but didn’t file the w.s. so he has been debarred from filing w.s. vide order dated 01-11-2018 by this Forum.
On behalf of complainant two witnesses i.e AW-1, Niraj Kumar and the AW-2 Devendra vidharthy (complainant) have been examined on affidavit.
No evidence has been adduced on behalf of o.ps.
The o.p nos. 1 & 2 has admitted the policy taken by the complainant in respect of motor cycle bearing no.-BR06S-8903. They have stated in their w.s. that neither complainant nor o.p no.-3 have informed to o.ps about the above theft of motor cycle. The complainant has stated in his complaint petition that on 01-02-2013, he informed the o.ps insurance company in written and on telephone. He has further stated that on/from the date, he also informed to D.T.O. Muzaffarpur in written regarding theft. The complainant has also stated in the complaint petition that he also provided Xerox Copy of the documents relating to the vehicle, FIR final report, and order of Learned . C.J.M. and also approached many times in the office of the o.ps for compensation but they didn’t provide claim form. The complainant has annexed as annexure- (Jh) (8) and
annexure T (9) to show that information regarding theft of motorcycle and asking claim paper to file claim was filled on 01-02-2013 by the complainant.
The complainant has also examined two witnesses i.e AW-1 Niraj Kr. And AW-2 Devendra Vidharty (complainant ) on affidavit who have supported the above facts in their examination-in-chief. No evidence has been adduced on behalf of o.ps to controvert the above facts, so it is proved that the complainant had informed the o.ps regarding theft on 01-02-2013.
The o.p nos.- 1 & 2 have also raised the fact in their w.s. that the complainant was not vigilant about his motor cycle no.- BR06S8903 and left the same out side the house carelessly, so the opposite party is not liable to pay the compensation.
The complainant has stated in his complaint petition itself that after occurrence he informed Ahiyapur Police on the same date of occurrence and for that Ahiyapur police P.S. Case No. 46/13 dated 27-01-2013 u/s-379 of the IPC was registered. He has further stated that after investigation, police submitted final form showing case true but no clue and the same was accepted by Learned C.J.M. Muzaffarpur vide order dated 22-11-2013. The above facts have been corroborated by Aw-1 Niraj Kumar and AW-2 Devendra Vidharthy in their deposition on affidavit.
The complainant has also annexed the photocopy of FIR of Ahiyapur P.S. Case No.-46/2013, final form of the
same and photocopy of order sheet dated 22-11-2013 passed by Learned G.J.M. Muffarpur in Ahiyapur P.S. Case No.- 43/2013 J.R.No 327/2013. The complainant has also filed certified copy of the above documents which supports the contention of the complaint petition. No evidence either documentary or oral has been adduced on behalf of o.ps to rebut the above evidence adduced on behalf of complainant. The theft of motorcycle was committed from the outside the door of Niraj Kr. i.e. from the Sasural of the complainant, so it should not be say that the complainant was not vigilant at the time of occurrence.
On the basis of above discussions, we are of the considered opinion that there is deficiency in service on the part of o.p nos. 1 & 2 by not paying the insured amount to the complainant.
In the circumstances the complaint petition is allowed with direction to o.p nos.- 1 & 2 to pay Rs. 38,700/- (sum assured) with 7 % p.a. interest from date of filing of complaint petition that is on 09-10-2014., Rs. 10,000/- as compensation for physical and mental harassment and Rs. 10,000/- as litigation cost to the complainant within two months from the date of order, /, on failure they shall be responsible to pay the above amount with 8 % p.a. interest till realization. Let a copy of this order be furnished to both the parties as per rule.
