The instant case was instituted on the basis of a petition of complaint filed by one Ayeda Begam @ Ayeda Begam of Village Bedrabad under the P.S. Baishnabnagar Dist Malda u/s. 12 of the C.P. Act, 1986 and the said petition was registered before this Forum as Complaint Case No. 87/2016.

The fact of the case as reveled from the petition of complaint as well as from the evidence is that the complaint purchased a vehicle which was registered with RTO Malda as WB 41C/7211 and the said vehicle was purchased for maintaining her livelihood. The said vehicle was purchased on 02/02/2008. After the purchase of the vehicle the vehicle was insured with Magma HDI General Insurance Malda Branch and the policy was issued in the name of complainant Ayeda Begam and the said policy was valid from 08/03/2016 to 07/03/2017. But unfortunately the said vehicle met with an accident on 27/05/2016. Due to that accident the vehicle was badly damage for which the complainant submitted the documents along with the filled up claim form to the office of Magma SBI General Insurance, Malda Branch. But the claim was repudiated on 24/06/2016 on the ground that there was delay of lodging information about that accident. The complainant has prayed for claiming compensation for mental pain and agony as well as litigation cost.

The petition has been contested by the O.P. No.1 and  2 by filling written version denying all the material allegation as leveled against the Insurance Company contending inter alia that the instant case is not maintainable in its present form. There is no cause of action to file the case against the O.P..

The definite defense case is that the alleged accident took place on 27/05/2016 and the complainant intimated the fact on 14/06/2016 after lapse of 18 days which is a clear violation of the policy condition and the O.P. intimated on 24/06/2016 to the complainant this fact by registered post with AD and requested him to comment on the same within 7 days from the date of receiving later but no reply was given by complainant. Inspite of that the O.P. sent a letter by registered post  with AD and regarding to her claim in respect of the discrepancies in fitness copy, KYC document NEFT details within 7 days from the date of issue. Again on 22/09/2016 the O.P. sent a registered letter regarding the same fact as stated above to give reply within 7 days from the date of issue but no reply was given. A surveyor was appointed and assessed the value of Rs. 51,000/- (Rupees Fifty One Thousand Only) instead of amount of Rs.2,44,962/- (Two Lakhs Forty Four Thousand Nine Hundred Sixty Two Only).

So considering such fact and circumstances the instance case is liable to be dismissed.

In order to prove the case the complainant was herself examined as PW1 and cross examined and she filed the documents marked exhibit as per exhibit list. No other witness was examined on behalf of the O.P. side. On the other hand no witness was examined on behalf of the O.P.

Now the point for consideration :- Whether the complainant is entitled to get any relief as prayed for ?

::DECISION WITH REASONS::

On perusal of the document it is found that there was an accident of the vehicle in question. Due to that accident the vehicle was damaged. The Ld.Lawyer of the complainant submitted that the IDV Value was Rs. 2,44,962/- (Rupees Two Lakhs Forty Four Thousand Nine Hundred Sixty Two Only) and that amount may be granted. On the other hand the Ld.Lawyer of the O.P. submitted that the complainant is not entitled to get any relief as prayed for as because no document has been filed by the complainant to show that he has expend money for repair of the vehicle.

 It is a fact that the complainant did not file any document as regards to the repair of the vehicle and also regarding the amount of cost repair but in W/V the O.P. has stated that the surveyor was appointed and the surveyor submitted a report assessing value of damage to the tune of Rs. 51,000/-(Rupees Fifty One Thousand Only).

The Ld.Lawyer of the O.P. argued that there was a talk of sale of the vehicle between the complainant and the garage party to the tune of Rs.2,81,000/- (Rupees Two Lakh Eighty One Thousand Only). According to the argument as advanced by the Ld.Lawyer of the O.P. is that as and when the vehicle was handed over by the complainant in favour of the garage party the complainant is not entitled to get any relief as prayed for. But on perusal of the cross-examination of P.W.-1 it is found that as yet no payment was made. Moreover, no document has been filed by the O.P. to show that the vehicle in question was transferred. Moreover, the question of compensation will be considered on the date of accident. At the time of accident the insured was the complainant and his name appears in the insurance policy. So she is entitled to get compensation.  It has been stated by the O.P. in his W/V that the surveyor assessed Rs. 51,000/- (Rupees Fifty One Thousand Only) as damage so the O.P. is liable to pay the same and the complainant is entitled to get the same besides litigation cost and mental pain and agony. The Ld.Lawyer of the O.P. further argued that there was a violation of terms and condition of policy by not informing the Insurance Company immediately after the accident. It is a fact that there was delay of eighteen (18) days for lodging complaint but the Insurance Company has waived that violation of condition by appointing a surveyor. Why the Insurance Company ordered survey of damage by appointing a surveyor?

 So considering such facts and circumstances the complainant is entitled to get Rs. 51,000/-(Rupees Fifty One Thousand Only) as damage of the vehicle beside the compensation and litigation cost.

C.F. paid is correct.

Hence, ordered that

the case be and the same is allowed on contest with cost.

The complainant gets Rs.51,000/-(Rupees Fifty One Thousand Only) for damage of the vehicle and Rs. 7000/- (Rupees Seven Thousand Only) for mental pain and agony and Rs. 3,000/(Rupees Three Thousand Only) as litigation cost. The total amount comes to 61,000/- (Rupees Sixty One Thousand Only). The contesting O.P/O.Ps is /are directed to pay the amount of Rs. 61,000/- (Rupees Sixty One Thousand Only) within 45 days from the date of order failing which it will carry an interest @ 5% p.a. from the date of filing of this case i.e. on and from 07/12/2016.

Let a copy of this order be given to the parties free of cost