| Complaint Case No. CC/28/2014 | | ( Date of Filing : 02 Jul 2014 ) |
| | | | 1. Sunil Baisnab | | Khelma Pt- IV, P/S- Katigora, Dist- Cachar | | Cachar | | Assam |
| ...........Complainant(s) | |
| Versus | | 1. Divisional Manager, United India Insurance Co. Ltd | | Shyamaprasad Road, Shillonpatty, Silchar-1, P/O & P/S- Silchar, Dist- Cachar. | | Cachar | | Assam |
| ............Opp.Party(s) |
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| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 28 of 2014 Sunil Baisnab, S/o Lt. Gopal Baisnab, of Khelma Part-VIII P.S-Katigorah, Dist. Cachar, …………………………………. Complainant -V/S- 1. United India Insurance Co. Ltd., Represented by:- Divisional Manager, United India Insurance Co. Ltd., Silchar-1, P.S- Silchar, Dist. Cachar, ………………………… Opp. Party Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Sri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared: - Mr. Ashok Kr. Roy, Advocate for the complainant. Mr. A.S. Mitra, Advocate for the O.P. Date of Evidence 18-03-2015, 17-06-2015 Date of written argument 30-06-2016 Date of oral argument 06-12-17, 22-05-18, 10-07-18, 02-08-2018 Date of judgment 20-08-2018 JUDGMENT AND ORDER Sri Bishnu Debnath Sunil Baisnab brought this case against United India Insurance Co. Ltd., Silchar for award on the account of the following facts:- His Truck bearing registration No. AS/11-AC-4733 was insured under O.P for the period from 04-06-2011 to 03-06-2012 vide Insurance Policy No. 130509/31/11/01/00000105. The said vehicle met accident on 13-09-2011. Accordingly, matter was informed and claim petition submitted. But O.P repudiated the claim of Rs. 5,00,000.00 (Rupees Five Lac) as repairing cost on 18/17/2012. Hence, brought the instant case. The O.P in its W/S challenged the claim on the ground that as per policy report name of driver of the said vehicle at the relevant time of accident was Md. Noor Ahmed but the complainant in the claim application mentioned name of the driver as Samsul Haque. During hearing the complainant submitted deposition supporting affidavit and exhibited relevant documents. The O.P also submitted deposition of Sri Sibabrata Bhattacharjee and exhibited 2 (Two) letters relating official corresponding with complainant. After closing evidence both sides’ counsels submitted their written arguments. I have heard argument of the Ld. Advocate of the parties. Perused the evidence and written argument. It is to be noted here that during preparation of judgment, the complainant was asked to submit bills regarding repairing cost of the vehicle and accordingly he submitted the bills. The O.P was given scope to pass comment on those bills but did not avail that scope. Anyhow, in this case in respect of discrepancy of the name of driver in the claim application and police report, the complainant explained the matter in the complaint as well as in the deposition. The explanation is understandable and convincing. Nevertheless, the complainant exhibited driving licence of both the aforesaid drivers vide Ext-4. Both the driving licence are appeare to be valid. Thus, It is concluded that whoever drove the vehicle among the aforesaid 2 (Two) drivers at the relevant time of accident, they have valid driving licence. Thus, the plea which has been taken by the O.P regarding invalid driving licence of the driver is not correct. So, the complainant is entitled repairing cost of the vehicle. But in the evidence on record nothing adduced regarding repairing of the vehicle. That is why, bill of repairing were called for. The complainant submitted bill of Rs.4,69,470.00(Rupees Four Lac Sixty Nine Thousand Four Hundred Seventy). The said bills are not challenged by the O.P inspite of allowing scope. That is why, the amount mentioned in the bill above are accepted. Thus, the complainant is entitled repairing cost of Rs.4,69,470.00 (Rupees Four Lac Sixty Nine Thousand Four Hundred Seventy) only and cost of the proceeding of Rs.5,000.00 (Rupees Five Thousand) only. He is also entitled compensation for mental agony of Rs.5,000.00 (Rupees Five Thousand) only. Therefore, the O.P is asked to pay total awarded amount of Rs.4,79,470.00 (Rupees Four Lac Seventy Nine Thousand Four Hundred Seventy) only within 45 days from today. In default, interest at the rate of 10% per annum on the awarded amount to be added with effect from the date of defaulter till realization of the full. With the above, the case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 20th day of August,2018. Signature of the President Signature of Member (Sri B.Debnath) (Sri K.K.Sarda)
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