West Bengal

Bankura

CC/63/2016

Sri Debashis Goswami - Complainant(s)

Versus

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

Jayanta Kr. Mukhopadhyay

11 Sep 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.63 /2016

Date of Filing: 08/08/2016

Before:                                        

1. Samiran Dutta                              Ld. President.     

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P: Ld. Advocate Prabir Banerjee

Complainant:

Sri Debashis Goswami, S/o Sudhir Kumar Goswami, R/o Nakaijuri, Onda, Dist. Bankura                                                                                                                                                                                                                                                                                                                                                                                                                                                        

Opposite Party:

ICICI Lombard General Insurance Co., Veer Savarkar Marg, Near Siddi Vinayak Temple, Prabhadevi, Mumbai- 400 025 & Two Ors.

 FINAL ORDER / JUDGEMENT               

                                                                                                                                           

Order No.37

Dated:11-09-2023

Both parties file hazira through advocate.

The case is fixed for awaiting settlement.

No settlement is arrived at between the parties.

The case is taken up for argument in presence of both sides.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he is a registered owner of the vehicle bearing Registration No.WB 68R/4868 insured with O.P. Insurance Co. Policy No. being 3001/100782787/00/000 valid from 22/03/2015 to 21/03/2016. On 03/06/2015 said vehicle met with a road accident within Joypur P.S., Bankura with a Ten wheeler heavy vehicle and as a result of such accident the vehicle of the Complainant was badly damaged requiring immediate service and repairing at the cost of Rs.3,64,073/-. The accident was duly reported to the Insurance Co. along with submission of claim application but the same was repudiated.

Hence this case.

O.P. Insurance Co. contested the case by filing a written version contending inter alia that the Complainant is not entitled to get the relief as prayed for as the vehicle being a Private Car was hired for carrying passengers which amounts to breach of the Policy.

O.P.3 being the Financer has also   submitted a written version supporting the case of the O.P. Insurance Co.                                                                                                           

                                                                                                                                                                                       Contd…..p/2

Page: 2                

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on both sides   the Commission finds that though there is no dispute with regard to the accident and the quantum of repairing cost but there has been a breach of the Policy as the insured vehicle being a Private car was being used on hire for carrying passengers. In support of this plea a self-declaration dt.16/06/2015 supported by Notarial Affidavit written and signed by the Complainant himself with his still photograph was produced at the time of hearing by the Ld. Advocate for the O.P. Insurance Co.which was submitted to the Insurance Co.at the time of settlement of the claim which shows that on the date of accident i.e. on 03/06/2015 the Complainant was driving  the vehicle with six hired passengers with fare Rs.1,600/-. There is  denial of such self-declaration on record by the Complainant and as such the Commission can unhesitatingly accept the same to be true.

It is a clear breach of the Policy for using insured private car on hire and as such the Complainant is not entitled to get any insurance claim as prayed for.

Hence it is ordered…….

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Order free of cost.

 

____________________                _________________          _________________

HON’BLE   PRESIDENT          HON’BLE MEMBER       HON’BLE MEMBER