FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The facts as stated in the complaint and emerged from the documents attached with the complaint are as follows:-
Complainant is the owner of Vehicle No. OD07Q6211 which is registered under National Permit bearing No. NP/OR/7/012020/73997 dated 22.01.2020. OP-1 Go Digit General Insurance Ltd. is an Insurance Company, engaged in the business of providing insurance services of different nature. Complainant obtained Digit Commercial Vehicle Package Policy bearing No. D012189519/13012020 from the OP-1 through OP-2 Satabdi Insurance Broker Ltd. valid from 19.01.2020 to 18.01.2021. On 16.08.2020 the insured vehicle was proceeding towards Kalyani from Hyderabad loaded with the consignment of Parle Biscuits. On the fatefull date at about 5.30 PM on NH16 near Sahapur under Chhak PS driver of the insured vehicle noticed that fire from the engine of the vehicle. Front portion of the vehicle was completely burnt and thereafter the fire engulfed the loaded biscuits. Driver of the vehicle informed Bhadrak Town PS about the incident and Police Authority issued certificate with regard to the incident. Fire Service Bhadrak, Odisha deputed staff on the spot. Complainant submitted claim, surveyor was appointed for assessment of loss. Ultimately, OP-1 repudiated the claim. Alleging deficiency in service and unfair trade practice on the part of the OPs, the Complainant has filed the present consumer case.
No WV is filed by the OPs despite service of complaint. As such, the case runs ex parte against the OPs.
The Ld. Advocate for the Complainant argued that there is a clear gross negligence and deficiency in service on the part of the OPs as in spite of validity of the insurance policy, the OP-1 did not pay insurance claim. Ultimately, the OP-1 vide letter dated 17.06.2021 repudiated the claim. Ld. Advocate further submitted that as per Digit Commercial Vehicle Package Policy (Goods Carrying Vehicle) the OP-1/ Insurance Company will indemnify the insured against loss or damage to the vehicle insured including fire, explosion, self-ignition or lightning. As such, Ld. Advocate for the Complainant has prayed for compensation of Rs. 15,92,865/- with other reliefs.
Heard the Ld. Advocate for the Complainant. Perused all the relevant documents and papers. Considered.
Fact remains that the insured obtained the policy bearing No. DO12189519/13012020 on 13.01.2020 in respect of vehicle bearing No. 0D07Q6211 Engine No. GYPZ130-634 and policy was valid for the period from 19.01.2020 to 18.01.2021. On bare perusal of the photocopies of the Registration Certificate and vehicle particulars, it appears to us that the vehicle stands in the name of the Complainant and vehicle was registered under Odisha Motor Vehicle Department, Regional Transport office, Ganjam. Vehicle was registered under National Permit No. 0R99/605/G/2017.
It is true that driver of the vehicle bearing registration No. 0D07Q6211 lodged complaint with regard to the incident of fire to Bhadrak Town PS who on turn made Bhadrak Town PS GD Entry No. 16 dated 16.08.2020 and the Asst. Fire Officer, Fire Station, Bhadrak issued a certificate dated 20.08.2020 that there was an outbreak of fire in the vehicle No. 0D07Q6211 on 16.08.2020 at about 17.20 Hrs. The container was full of biscuits. Biscuits were completely brunt by fire and such incident occurred due to Battery short circuit. We further observe from the said report that two units of Bhadrak Fire Station was attended that fire call on the above date and time vide as reported Fire Report No. 66/2020 of the FS dated 16.08.2020.
It is mandatory for the Insurer to appoint a surveyor for assessment of loss. OP-1 appointed surveyor who on physical inspection submitted report that fire is not accidental in nature and ultimately, the OP-1 repudiated the claim vide letter dated 17.06.2021. The report of the surveyor is liable to be given due weight but is not a sacrosanct. The Surveyor is an expert and its report stands on the footing of expert evidence and has to be corroborated with other evidence on record, in order to examine bonafide/malafide of the surveyor. Complainant challenged the survey report. We have gone through the Digit commercial vehicle package policy wherein under the title “Loss of or damage to the vehicle insured” it is specifically mentioned that:-
“The company will indemnify the insured against loss or damage to the vehicle insured hereunder and/or its accessories whilst thereon.
- by fire, explosion, self-ignition or lightning”
It is pointed out that no WV has been filed by the OPs though the opportunity has been given to them for filing WV yet they have failed to file the same and as such the allegations stated in the complaint remains unchallenged. Thus, we can safely state that on failure to file WV by the OPs tantamount to the admission of the allegations stated in the complaint. Policy condition clearly speaks that IDV shall be treated as the “Market Value” throughout the policy period without any further depreciation for the purpose of total. Loss (TL) Constructive Total Loss (CTL) claims. The incident occurred within the period of policy and total IDV of the vehicle was Rs. 15,92,865/- within the period from 19.01.2020 to 18.01.2021.
It is not our expectation that the Complainant by any means suffers from loss of money and time for the breach of the policy on the part of the OP-1. Under the above facts and circumstances, the gross and negligence and deficiency in service on the part of the OP-1/Insurer is proved and the Complainant is entitled to get relief in part against the OP-1/Insurer. Complainant is not entitled to get any relief against OP-2 as they are Broker of the OP-1/Insurer. Thus, no order is passed against OP-2.
For the afore mentioned reasons, we find merit in the contentions of the Complainant and allow the complaint with the following directions:-
1. OP-1/Insurer is directed to pay Rs. 15,92,865/- (Rupees fifteen lacs ninety two thousand eight hundred sixty five) only to the Complainant within 90 days on receipt of this order;
2. OP-1 is further directed to pay Rs. 25,000/- (Rupees twenty five thousand) only to the Complainant for mental harassment within the specified period as mentioned above.
3. OP-1 is also directed to pay Rs. 5,000/- (Rupees five thousand) only to the Complainant litigation cost within the specified period.
The consumer case is thus allowed ex parte against OP-1/Insurer and dismissed ex parte against OP-2 as per above observation.
Certified copies of this judgment be provided to both parties as per rule. The judgment be uploaded forthwith on the website of the Commission for perusal of the parties.
