The complainant Sri Krishan Mohan Pandey has filed this complaint petition against Area Manager, United India Insurance Company Ltd., Chanakya Commercial Complex Virchandra Patel Marg, R.Block Patna and one another (o.ps) for realization of Rs. 5,57,100/- as cost of vehicle, Rs. 40,000/- as physical and mental harassment total Rs. 5,97,000/- with 12 % p.a. interest from the date of theft of the vehicle.
The brief, facts of the case is that the complainant had purchased a Bolero bearing Registration No.- BR06PA/7356 by taking loan from SBI Sutapatti Muzaffapur for his livelihood. He insured the vehicle from United India Insurance Company Ltd. vide Policy No.1002033112P/000634186 and the validity of the same was since 04-08-2012 to 03-08-2013. The further case is that in the night on 08-11-2012, the aforesaid Bolero was stolen away by unknown thieves for which police was informed and sadar P.S. Case No.-329/2012 dated 09-11-2012 was registered. The further case is that the complainant immediately informed the insurance company and insurance company appointed investigator who submitted his report to the company but insurance Com. didn’t pay the claim amount. The further case is that the complainant also filed an application in the grievance shell of United India Insurance Company for which the Divisional Manager, United India Insurance Company repudiated the claim of the complainant. Thereafter, the complainant sent a legal notice but the same was not answered by the insurance company, so complainant filed this complaint petition.
The complainant has filed the following documents with the complaint petition- Photocopy of FIR of sadar P.S. Case No. 329/2012 dated 09-11-2012 –annexure-1, photocopy of Final Form annexure-2, photocopy of order dated 29-11-2013 passed by CJM in Sadar P.S. Case No. 32/2012- annexure-3, photocopy of certificate of registration annexure- 4, photocopy of permit annexure-5, photocopy of policy bond -annexure-6, photocopy of tax toke annexure-7, photocopy of petitions filed by Ranjit Kumar to DTO & Divisional Manager United India Insurance annexure- 8 & 9., photocopy of letter by Krishna Mohan Pandey to the Divisional Manager United India Insurance. Muzaffarpur annexure-10. Photocopy of information by B.M. United India Insurance to K.M. Pandey regarding receiving of claim,annexure-11, photocopy of legal notice annexure-12, photocopy of repudiation letter annexure-13.
On issuance of notices, o.ps. appeared and filed their w.s. on 25-11-2015 with prayer to dismiss the complaint petition with cost. It has been further mentioned in the w.s. that present complaint as filed, is not maintainable. It has been further mentioned that the complainant has neither any right nor any cause of action against replying opposite parties. It has been further mentioned that the case is hopelessly barred by law of limitation and natural justice. It has been further mentioned that the alleged theft of the vehicle on 08-11-2012 and the intimation of the theft of the vehicle was informed by the complainant to the Divisional office Muzaffapur on 23-11-2012 after laps of 16th days time. It has been further mentioned that there is delay of 16th days time by the complainant in intimation of the claim by the complainant to the o.p about theft of the vehicle but as per contract of the policy condition immediate information should be given to the company about the occurrence of any accident loss or damaged, hence delay of 16 days information to this opposite parties office has deprived its legitimate right to inquire into the alleged theft of the vehicle. So, the claim of the complainant has been repudiated by the o.ps.
The complainant has examined Krishan Kr. Pandey (complainant ) as AW-1
No witnesses has been examined on behalf of o.ps.
The o.ps company have repudiated the claim of complainant on the ground that the loss of theft of the vehicle was informed to the o.ps after 16 days delay which is violation of policy condition complainant has annexed the photocopy of repudiation letter as annexure-13. The o.ps have raised this question in their w.s.. The complainant has stated in para-2 of his examination in chief that his son informed about the theft on 09-11-2012 to Sadar P.S. and United India Insurance Company Ltd. He has been cross examined by the o.ps companies. In para-8 on his cross examination he has stated that his son had informed about theft to the insurance company on 09-11-2012. The complainant has also annexed the photocopy of informatory petition filed by complainant to Divisional Manager, United India Insurance Com. Ltd. Muzaffarpur (annexure-9). On perusal of the same, it transpires that the son of complainant informed the Divisional Manager, United India Insurance Company Ltd. about the theft on 09-11-2019. The Insurance Company has affixed his/her seal on the petition and signed on 09-11-2012. So, it transpires that the information of theft was given to the Insurance Company on the case date of the theft i.e on 09-11-2012 and as such there is no delay on the part of the complainant . O.ps have not adduced any evidence nor filed any documentary evidence to contradict the above facts. Issuance of Insurance Policy has also not been disputed by the o.p. The complainant has also filed the photocopy of insurance certificate as annexure-6. On perusal of Insurance Certificate it transpires that the vehicle was insured with the o.p company for sum of Rs. 5,97,100/-.
On the basis of above discussions we are of the considered opinion that the o.ps company have wrongly repudiated the claim of the complainant and the complainant is laible to get the reliefs.
In the circumstances the complaint petition is allowed with direction to o.ps to pay Rs.5,57,100/- to the complainant with 7 % interest p.a from the date of filing of complaint petition that is on 15-04-2015, and Rs. 20,000/- as physical and mental harassment 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.
