JUDGEMENT

       The fact of the case as revealed from the petition of complaint as well as from the evidence is that the complainant purchased a three wheeler (Auto-Rickshaw) made of Bajaj Auto Limited after taking financial assistance from central bank of India Narayanpur Branch, Malda. The said vehicle was registered before the RTO Malda bearing Vehicle No. WB6 TB/6905 and the said vehicle was insured with Bajaj Allianz General Insurance Co. Ltd.

       The complainant was very regular in payment of premium against the policy. But unfortunately on 29/06/2016 the said vehicle met with an accident near Narayanpur BSF camp and the said vehicle was badly damaged due to that accident. That after the accident the matter was duly reported to the Inspector-in-Charge, Malda P.S. on 30/06/2016. After the said accident the complainant submitted all relevant documents along with duly filled up claim form to the office of Bajaj Allianz General Insurance Co. Ltd., Malda Branch but the Insurance Company repudiated the claim on a false charge of over loading against the policy as such the complainant has come to the Forum now Commission to get relief.

       It is to be mentioned that the O.P. Bajaj Allianz General Insurance Co. did not contest the case. The case was proceeded ex parte.

        The complainant was examined.

On perusal of the record and documents filed by the complainant it is found that in the FIR it has been mentioned that there were four (4) persons /passengers in the Auto-rickshaw which is in gross violation of terms of thepolicy. The policy is meant for three passengers/persons.

          The Ld.Lawyer of the complainant submitted that due to the mistake in the original FIR the number of passenger was written four. But on 28/07/2016 the complainant wrote a letter to the Manager Bajaj Allianz  General Insurance Co. Ltd. There was three passengers and he wrote four (4) passengers including the driver. So a total numbers of passenger were four(4). But through mistake it has been 4 +1 i.e. five (5). But the Insurance Company did not consider such application and no evidence has been adduced by the complainant in this regard.

               Moreover, on perusal of the certified copy of the FIR it is found that there were four persons including his  father—in-law and from the FIR it is found that there were four (4) persons including his father-in-law and from the FIR it is found that father-in-law of the complainant is the owner of the vehicle whereas in the petition of complaint it has been stated that the complainant purchased the three wheeler Auto-Rickshaw. So the complainant is not coming to this Forum now Commission with a clean hand. The complainant has failed to prove that there were four (4) persons including driver.

               So considering such facts and circumstances the instant case is liable to be dismissed.

                C.F  paid is correct.

Hence, ordered that

the case be and the same is dismissed ex parte without any cost. 

Let a copy of the order be given to the parties free of cost on proper application.