Haryana

StateCommission

A/282/2016

TATA AIG GEN.INSURANCE CO. - Complainant(s)

Versus

LEELA YADAV ALIAS LEELAWATI - Opp.Party(s)

R.K.SHARMA

20 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                      First Appeal No.282 of 2016

                                      Date of Institution:22.03.2016

                                      Date of Decision: 20.02.2017

 

1.      M/s Tata AIG General Insurance Co. Ltd., having its registered office at Peninsula Corporate Park, Nicholas Piramal Tower, 9^th Floor, Ganpatrao Kadam Marg, Lower Parel, Mumbai-400013.

2.      M/s Tata AIG General Insurance Co. Ltd., 2^nd Floor, SCO 6 Complex, Sector-14, Gurgaon-122001, Haryana.

Both the appellants through its authorized officer Sh. Sanjay Bhagat, Chief Claims Manager, TATA AIG General Insurance Co. Ltd., 2md Floor SCO 232-234, Sector-34-A, Chandigarh.

                                                …Appellants

 

Versus

 

Leela Yadav @ Leelawti wife of Sh. B.S. Yadav, R/o H.No.39-P, Sector-31, Urban Estate Gurgaon.

                                                …Respondent

 

CORAM:   Mr. R.K. Bishnoi, Judicial Member

                   Mrs. Urvashi Agnihotri, Member

 

Present:     Mr.R.K. Sharma, Advocate for the appellants.

Mr. B.S. Yadav, Advocate for the respondent.

 

                                       O R D E R

 

MRS. URVASHI AGNIHOTRI, MEMBER

 

1.      M/s Tata AIG General Insurance Company Ltd. and Anr. -OPs are in appeal against the Order dated 10.11.2015, passed by the learned District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby the complaint of Smt. Leela Yadav @ Leelawati has been allowed, by directing the OPs as under:-

“to reimburse the claim of the complainant for Rs.1,71,400/-, after deducting 25 % depreciation in view of term and condition  No.1 of the insurance policy, with interest @ 9% p.a. from the date of filing of the present complaint i.e. 26.03.2012 till realization. The complainant is also entitled to Rs. 15,000/- as compensation for harassment and mental and Rs.3100/- as litigation expenses”.

2. Briefly stated, according to the complainant, she got her vehicle bearing Regd. No.HR-26-AK-6789 insured with the OP-Insurance Company which was valid w.e.f. 06.03.2011 to 05.03.2012.
   During the subsistence of the insurance policy, on 15.07.2011 the husband of the complainant was driving the said car and went to Panchkula. On that day it was raining heavily and the said car stopped functioning all of sudden due to water flooding the road. Soon thereafter, the flood water entered the vehicle to the height of 2-3 feet and the engine stopped running. The vehicle was immediately taken to M/s Lally Automobiles Pvt. Ltd, Chandigarh and a sum of Rs.1,71,400/- were paid as the workshop charges. On 16.07.2011 the surveyor inspected the vehicle. On 18.07.2011, the car was again inspected by the workshop. But, the surveyor reported that the damage to the car was on account of mechanical defect. The claim of the complainant was, therefore, rejected on 22.09.2011 by the OP on the excuse that there was hydrostatic lock which was not liable to be reimbursed, as it did not amount to deficiency in service on the part of the opposite parties. Aggrieved by this, the complainant approached the District Forum claiming Rs.1,71,400/- alongwith Rs.1 Lac as compensation for harassment and mental agony with Rs.20,000/- as cost of litigation.
3. Pursuant to notice, the opposite parties appeared and filed their joint written reply pleading that the husband of the complainant had driven the vehicle in the water and due to entering of water in the engine there was hydrostatic lock and the same was beyond the coverage of the insurance policy. Therefore, the claim of the complainant was rightly repudiated by the opposite parties as  there was no deficiency in service on the part of the opposite parties. However, the learned District Forum rejected the pleas raised by the OPs and accepted the complaint vide order dated 10.11.2015 by granting the aforesaid relief to the complainant.  
4. Against the impugned Order, the OP/appellants have filed appeal before us reiterating the same pleas, as raised before the District Forum. We have heard the learned counsel for the parties and have also gone through the record. From the perusal of the record, it is evident that the damage to the car took place in the month of July when the rain water was heavily flooding the roads in Panchkula. The husband of the complainant was driving the car when the rain water suddenly flooded the road and gushed up to the height of 2-3 feet from the road level. The surveyor took pains in underestimating the damage to the vehicle by styling it only as a consequential loss, whereas in fact it was due to the sudden flooding of the water. The surveyor has not examined this aspect in its report i.e. ‘flood’. If he had applied his mind to the damage to the vehicle due to gushing flood  water entering the engine, his survey report would have been certainly been different.  This is clear from the terms and conditions of the Insurance  Policy (Annexure A-4) as under:-

“Section I loss of or damage to the vehicle insured.

xxx

(v) by flood, typhoon, hurricane, storm, tempest, inundation, cyclone, hailstorm, frost;”

5.   Therefore, the OPs have illegally repudiated the genuine claim of the complainant and the learned District Forum had rightly allowed the complaint by rejecting the plea of the OPs. Hence, we uphold the decision of the learned District Forum and dismiss the appeal of the OPs.

 6.   Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal and revision, if any filed in this case.

 

February 20^th ,         Urvashi Agnihotri                   R.K. Bishnoi

2017                         Member                                 Judicial Member

                                 Addl. Bench                           Addl. Bench

R.K