This is an application under Section 12 of Consumer Protection Act, 1986.
Brief facts of the complainant’s case is that, the complainant, is the owner of the Motor Cycle, Yamaha Model YZF-R3, Engine No. H402E0018792, having Registration No. WB 66W/8866, by virtue of purchase from Mr. Sanku Roy, and transferring in his name, vide Certificate of Registration dt. 08.06.2017. Mr. Sanku Roy had insured the Motor Cycle with the O.P. Insurance Company having Policy No. 3005/2010967745/00/0000001696 and validity from 18.07.2016 to 17.07.2017. The complainant had thereafter applied for insurance from the O.P. Insurance Company and had deposited the required amount and the policy had been transferred in the complainant’s name with the Policy No. 3005/119092057/00/000 and the validity period was from 18.07.2016 to 17.07.2017.
On 11.06.2017 the above Motor Cycle met with an accident at 10.44 hrs., at Kaluadighi More, Malda and the Motor Cycle was badly damage for which the complainant had to spend nearly Rs. 3,00,000/- (Rupees Three Lakh Only) for repairing the said damage Motor Cycle. The complainant had taken the Motor Cycle to Yamaha Service Centre being Tirupati Traders, to repair the Motor Cycle. The complainant had also sent information and necessary documents in original, to the office of the O.P. No. 2, for disbursement of the claim amount. On 18.10.2017 the O.P.s sent a letter requesting for further documents. The complainant submitted the documents on the following day to the office of the O.P. No. 2. The complainant requested for receipt, but the O.P. No. 2 informed that the claim amount would be disbursed within 2(two) days. In spite of the deposit of the documents the O.P.s did not release the amount claim. On 22nd October 2017 the complainant was intimated verbally that his claim amount had been repudiated. Hence, the complainant filed this case.
The O.P.s have entered appearance by filing Written Version, wherein they have denied the complainant’s claim and rather they have raised questions regarding the legality of the complainant’s claim.
The complainant has examined himself on oath and furnished certain documents which have been marked as Annexures-1- 14. On the other hand, the O.P’s have examined the surveyor, Sri. Sonu Kumar Prasad and Sri. Suresh Das, the authorized signatory of the O.P. Insurance Company on oath.
The complainant’s case that he had purchased the Yamaha Motor Cycle from one Mr. Sanku Roy and subsequent transfer of the name of the complainant in the certificate of Registration as well the Insurance Policy is proved from the existence of Certificate of Registration and the Insurance Policy which have been marked as Annexures-2 & 5. Moreover, the above facts is not denied by the O.P. Insurance Company.
The fact of accident has also been established vide Annexure-6, when the complainant’s father reported the accident to the I.C., Malda P.S. There is no controverting evidence forth coming from the O.P. side and therefore, the fact of accident also stands established and admitted to some extent, as well. The prayer for insurance claim was made by letter dt. 29th June 2017, Annexure-8 and the response from the O.P. Insurance Company marked as Annexure-9. Another letter to the Insurance Company further establishes the non payment of the claim by the O.P. Insurance Company marked as Annexure-10.
Since no repudiation letter had been issued from the O.P. Insurance Company side, further establishes that the claim was legal and valid. This finding is further vindicated by the fact that the affidavit on oath by the surveyor, wherein, he has stated that vide his report to the company on 4th August 2017, allowed the amount of Rs. 147763/- (Rupees One Lakh Forty Seven Thousand Seven Hundred Sixty Three Only) as the liability of the O.P. Insurance Company. Since, there is no question challenging the statement of the insurer, with regard to the amount Rs. 147763/- (Rupees One Lakh Forty Seven Thousand Seven Hundred Sixty Three Only) from the complainant’s side and considering the principles percolating from the Judgements passed by the Hon’ble Appellate Commissions as well as the Hon’ble Supreme Court, to declare the amount by the surveyor as the correct assessment, in the absence of any evidence controverting the same, the above amount in the instant case also needs to be declared as the actual assessment of the damages incurred during the accident. As a result the instant case succeeds with the O.P. Insurance Company liable to pay damages to the extent of Rs. 147763/- (Rupees One Lakh Forty Seven Thousand Seven Hundred Sixty Three Only) for the expenses incurred during the repair of the Motor Cycle involved in the accident and also to pay Rs. 50,000/-( Rupees Fifty Thousand Only) as cost due to mental pain and agony to the complainant and Rs. 10,000/-(Rupees Ten Thousand Only) as litigation charges and Rs. 10.000/- (Rupees Ten Thousand Only) toward the Legal Aid Fund.
It is therefore,
O R D E R E D
That the instant case be and the same is allowed on contest with cost.
The O.P. No. 1 & 2 are jointly and severally directed to pay damages to the extent of Rs. 147763/- (Rupees One Lakh Forty Seven Thousand Seven Hundred Sixty Three Only) for the expenses incurred during the repair of the Motor Cycle involved in the accident and also to pay Rs. 50,000/-(Rupees Fifty Thousand Only) as cost due to mental pain and agony to the complainant and Rs. 10,000/-(Rupees Ten Thousand Only) as litigation charges and Rs. 10.000/- (Rupees Ten Thousand Only) toward the Legal Aid Fund.
Copies of the Judgement be delivered free of costs to the parties.