Jharkhand

Bokaro

CC/18/71

Sudarshan Prasad - Complainant(s)

Versus

ICICI Lombard General Insurance Co. Ltd. - Opp.Party(s)

Annu Mishra

27 Jun 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-21-06-2023

Date of final hearing-27-06-2023

 Date of Order-27-06-2023

Case No. 71/2018

Sudarshan Prasad, S/o- Krishna Prasad,

 R/o- Jainamore, Post Office road, District- Bokaro, Jharkhand

                                      Vrs.

1. The Manager, ICICI Lombord General Insurance Co. Ltd.

Reg- Office- ICICI Lombard House, 414,

Veer Savarkar Marg, Near Sidhi Vinayak Temple

Prabha Devi, Mumbai

2. The Manager, ICICI Lomoard Insurance Co. Ltd.

Sector-IV, Branch Bokaro Steel City

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in brief is that he purchased Honda Shine Motorcycle bearing registration No. JH-09-W-6572 which was insured with O.Ps. vide policy No. 3005/2010852925/BO/0000010765 valid from 17.08.2016 to 16.08.2017. Further case is that on 23.03.2017 said motorcycle met with an accident with an Auto causing total damage for which claim No. MOTO6489364 was registered and surveyor surveyed the matter who took all papers and documents but later on letter dt. 22.06.2017 was received by which some papers were demanded hence claim has not been settled inspite of repeated requests. Legal notice was served but claim was not settled hence this case has been filed with prayer to direct the O.Ps. to pay Rs. 36,750/- with interest as insured amount of the vehicle, compensation of Rs. 20,000/- and litigation cost of Rs. 10,000/-.
2. O.Ps. have filed W.S. mentioning therein that complainant has not filed FIR against the offending vehicle nor he has submitted medical report or treatment expenditure, damage vehicle repair bills hence claim is bad in law. Later on additional W.S. has also been filed mentioning therein that policy concerned was issued by these O.Ps. which was valid at the relevant time but complainant has not filed FIR against the vehicle involved in the accident and for want of FIR it is not justified to decide the matter properly. Further reply is that vide letters dt. 22.06.2017, 09.07.2017 certain documents and articles were demanded from the complainant to which he has not provided hence vide letter dt. 13.09.2017 claim has been closed, hence there is no deficiency on the part of the O.Ps. rather case is liable to be dismissed.
3. Point for consideration is whether complainant is entitled to get relief as claimed ?
4. In support of case complainant has filed photo copy of policy paper, photo copy of claim application, photo copy of letters dt. 22.06.2017 and 13.09.2017 issued by the O.Ps., photo copy of letter dt. 22.09.2017 and 23.11.2017  written by the complainant to the O.Ps., photo copy of legal notice and photo copy of driving license.
5. On careful perusal of letter dt. 22.06.2017 issued by the O.Ps. it appears that O.Ps. have demanded Indemnity Bond, Keys of the vehicle and AML documents which have not been provided to the O.Ps. hence letter dt. 13.09.2017 has been issued accordingly claim has been closed for want of above mentioned papers/articles. There is no evidence to prove that compliance of letter dt. 22.06.2017 has been insured by the complainant.
6. In light of above discussion we are of the view that this case is liable to be disposed off with following directions to the parties.
7.  Accordingly case is being disposed off with direction to the complainant to provide the documents etc. within one month from receipt of free copy of this order to the O.Ps.  as demanded by them vide letters dt. 22.06.2017 and 09.07.2017. On compliance of the directions as mentioned in letters dt. 22.06.2017 and 09.07.2017 the O.Ps. shall appropriately decide the matter within further 60 days from the day of the compliance by the complainant. 

S/d

(J.P.N. Pandey)

                                                                                      President

 

S/d

(B.P.L Das)

   Sr. Member

                                                                            

          S/d

                                                                               (Baby Kumari)

                                                                                       Member