Bihar

Muzaffarpur

CC/154/2013

Sri Rambabu Singh - Complainant(s)

Versus

General Manager, Bajaj Allianz General Insurance Company Ltd. & Others - Opp.Party(s)

Sri Mukesh Kumar

08 Jan 2016

ORDER

Order

           

            The complainant Rambabu Singh  has filed his case for  claim of Rs. 4,50,000/- against the opposite party Bajaj Allianz Tata Motors Finance Ltd. On 28-09-2013.

            The case of complainant appears from his complaint petition supported with an affidavit that he has purchased Tata AC pickup Van through finance accordingly delivery was made. His vehicle was insured through Tata motors finance Ltd. In Bajaj Allianz insurance bearing its policy no.- 1002465000 dated 12-02-2012 which was valid till 10-02-2013 the vehicle was registered having its registration no. Bro6G-3059 he has further alleged that his vehicle was accidented in the night of  07-03-2012 within the jurisdiction of Mehashi police station near Village – Damodarpur. He has informed the police station were sanha entry no.- 134/12 dated 08-03-2012 was entered he has informed the insurance company office  at Muzaffarpur. In  the said occurrence one persons  was died for which Mehashi P.S. case No.-85/12 dated 23-03-2012. After receiving the information the opposite party has appointed surveyor Rakesh Kumar who has invested  and submitted  his report after  that he came in  contact with Bajaj Allianz insurance company and send several letters and met personnely but the insurance company has not paid  his claim accordingly he served the legal notice after the company has refused  to pay the claim on the ground  that the driver was not having valid license  for driving the vehicle although it was wrong  as such having no alternative he has filed this case for his claim of Rs. 3,26,000/- value of the vehicle and Rs. 1,24,000/- physical, mental harassment with interest @ 12 %.

            The complainant has filed Xerox copy of Sanha entry  no.-134/12 dated 08-03-2012 inform by the A.S.I  Navin Kumar, Registration paper, Policy paper, Temporary  permit valid from 07-03-2012 to July 2012 date not clear from- E  ( C ), FIR dated 23-03-2012 regarding the death of Klashi of the vehicle in the said occurrence, letter issued from A.C.J.M-Motihari to realize the vehicle, claim application, legal notice dated 12-11-2012, Driving License  of Shakindar Ray letter dated 22-06-2012 issued from insurance company to the complainant regarding the repudiation of claim, letter dated 09-08-2012 issued office of D.T.O Muzaffarpur showing the driver shakindar Ray has valid license of L.M.V + HEV  from the period of 05-06-2006 to 03-08-2012 which are annexure 1 to 12.

            In this case opposite party no.-1 & 2 Bajaj Allianz insurance company appeared has filed his written statement  supported with an affidavit alleged therein that the case has been filed with misleading facts concocted  and in wrong type the claim amount has been denied he has admitted  that the said vehicle was insured with them for the period from 11-02-2012 to 10-02-2013 it appears was demanded by the company for the… of his claim but the complainant was felt to submit vide letter dated 14-03-2012 and 16-04-2012 he has enquired the matter of alleged accident and found that there was not any accident happens. The company surveyor  Hemant Kumar Choudhary has enquired  the driving license  of alleged driver Shikandar Raj from District Transport Office Muzaffarpur and he has got acknowledged that the driving license of the said driver was valid from 05-08-2006 to 04-08-2009 and the alleged occurrence was happened  on 08-03-2012 as such it appears that the driver has got  no valid license the surveyor has the submitted  his report regarding  driving license  on 22-06-2012 accordingly the opposite party has  repudiation  the claim of complainant. The opposite party has denied of the other facts alleged by the complainant. The complainant has filed his claim arbitrarily  exogenerated  under  the comieced of Puja automobile and on the said basis the opposite party has prayed the dismiss the case.

            The opposite party has filed Xerox copies  of letter dated 16-04-2012 demanding the relevant papers,  verification of report of driving license  dated 22-06-2012 submitted by investigator, driving license  showing  the valid from 05-08-2006 to 04-08-2009, letter dated  17-06-2012 repudiation letter which are annexure  K to Gh.        

            Accordingly the case and the same is dismissed with cost.