Case No. 47/2021   

IN THE MATTER OF

Vivek Kumar S/o Nepal Singh Tomar R/o Vill Ahraula Teh. Khair Aligarh

                                                         (Through: Advocate Sumit Singh)

                                           V/s

1. ICICI Lombard General Insurance Company Ltd. Registered office ICICI Lombard House, 414 Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai Also  At Branch Address Chamber1, Fourth Floor, Eldeco Corporate, Gomti Nagar, Lucknow                                                                                                         (Through: Advocate Dharmendra Kumar Pandey)
2. Punjab National Bank, Khair Road Branch,Sootmil Chauraha Distt Aligarh

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  Op be directed to pay the amount Rs.1640770/ with pendilite and future interest at the rate 18%.
2. Op be directed to pay Rs.200000/ as compensation.
3. Op be directed to litigation expenses Rs.50000/.

2.  Complainant stated that he is the registered owner of Mahindra Scorpio bearing registration no. UP 81 CN 3773 which was insured with the OP  from 31.7.2020 to 30.7.2021. The vehicle met with accident on 05.12.2020 at Koriyaganj Chauraha Gangri Road. At that time the vehicle was being driven by the younger brother of the complainant namely Sanjay Singh Tomer. The driver received no injury and survived, but the vehicle was not in a condition of running. FIR was lounged and he left the vehicle at the Police Station. OP was informed on 6.12.2020 at toll free number. OP registered claim on 6.12.2020 and the representative of OP asked the complainant to take the vehicle at service garage and the vehicle was brought to Vineet Auto Mobiles Pvt. Ltd. on 17.12.2020. On 21.12.2020  Vineet Auto Mobiles Pvt. Ltd. prepared the service quotation of Rs.1640770/. On 23.12.2020 surveyor Vajay Pathak conducted survey of the vehicle and submitted report on 5.2.2021 wherein the loss was wrongly assessed to the tune of Rs. 983512/. OP repudiated the claim vide letter dated 28.2.2021. It was mentioned that the details of the driver were misrepresented which was not sound reasoning to repudiate  the claim.
3.  Op no.1 and 2 filed WS after expiration of  statutory period under the Consumer protection Act, 2019 and case was proceed ex parte against them.
4.  Complainant has filed his affidavit and papers in support of his pleadings.

Ops also filed their affidavits in evidence which are not admissible in view of case being proceeded ex- parte against them.

5. We have perused the material available on record and heard the parties counsel.
6. The case was proceeded ex parte against the Op’s and therefore there arises no question of disputing the occurrence of happening the accident resulting  damage to the vehicle. The vehicle was insured with OP and therefore complainant is entitled for compensation against the damages to the vehicle. So far as the assessment of the damages caused to the vehicle is concerned, surveyor report is reliable for assessment of the damages. The surveyor assessed the loss at Rs.983512/. Thus the OP is liable for making payment of Rs.983512/ to the complainant with pendente lite and future interest at the rate 9% per annum.

7. We hereby direct to Op insurance company  to pay the complainant amount of Rs. 983512/ with pendente lite and future interest at the rate 9% per annum. Op is also directed to pay to the complainant Rs. 10000/ as  harassment and Rs.5000/ as litigation expenses.
8. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
9. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
10. File be consigned to record room along with a copy of this judgment.