DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.25 OF 2017
Subrat Kumar Lenka ( 34 Years.),
S/O- Baidhara Lenka,
RO: Balijhudi, PO: Sonaparbat,PS:Tangarpali,Rourkela,
Dist: Sundargarh, Odisha………………………………………………Complainant.
Versus
- Legal Manager,
Shriram General Insurance Company Ltd.,
Plot No. 2863 / 3719, Gitanjali Complex,
Lewis Road, Bhubaneswar,
Dis: Khurda, Odisha…….………….………....….……...Opp. Party.
Counsel for the Parties:-
For the Complainant S.K.Dash, Adv.& Associates.
For the Opp. Party B.Dutta, Adv.
Date of Order: 06.11.2017
Present
1. Shri Sundar Lal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member(W).
Shri Sundar Lal Behera, President : - In brief, the complainant’s case is that, the complainant is the owner of one XYLO vehicle bearing Regn. No. OR-14Y-4146, got insured his vehicle with the O.P. from dtd. 05.06.2016 to dtd.04.06.2017. The said vehicle met with an accident on dtd. 18.06.2016 within insurance period, claim lodged before the O.P. and reported in Orient Police Station bearing Case No. 64 dtd.18.06.2016 registered U/s-279/ 337/ 304 (A) of IPC. The vehicle was completely damaged but the O.P instead of settlement of claim offer the complainant as sum of Rs.53,000/- only as one time settlement without repair vide their letter dtd. 08.12.2016 and subsequently repudiated the claim on the ground that the driver did not hold and effective driving license at the time of accident, hence filed his case.
The O.P. Insurance company filed written version admitting the fact of insurance and challenged on maintainability of the case and submitted that the surveyor assessed the loss of Rs.3,28,970/- only. Further it is found that the driver of vehicle was not holding effective driving license at the time of accident so the claim was repudiated and there is no any deficiency in service. The complainant was using the vehicle for commercial purpose and the complainant has violated the conditions of policy. Hence the present case should be dismissed.
Both the parties have filed their respective evidences along with copies of relevant documents in support of their claim.
Heard from both the sides in length and gone through the documents available. The insured vehicle bearing Regn. No. OR14Y-4146 was of Mahindra & Mahindra XYLO having insurance validity from 05.06.2016 to 04.06.2017 bearing policy No. 10003/ 31/ 17/ 083676. The accident taken place on dtd. 18.06.2016. The O.P raise question of holding on effective driving license of the driver at the time of accident but failed to file any such document on the said ground rather the complainant has filed an extract copy of driving license of the driver namely Sujit Kumar Sahoo whose driving license bearing No. OR-1420030049094 dtd. 10.10.2003 was valid (Non-transport) up to 09.10.2023 issued by RTO, Rourkela. The Surveyor assessed the loss for Rs.3,28,970/- only as submitted by the O.P.
Repudiation of insurance claim even after having valid and effective driving license is nothing but deficiency in service on the part of insurance company, hence this Hon’ble Forum considered its opinion to allow the complaint case with following directions to the O.P as follows;-
ORDER
The O.P. is hereby directed to pay a sum of Rs.3,28,970/- (Rupees three lakh twenty eight thousand nine hundred seventy) only towards insurance claim amount along with pay a sum of Rs.3,000/- (Rupees three thousand) only towards mental agony and harassment including litigation costs, within 30 (thirty) days from the date of receipt the copy of this order, failing which the O.P shall be liable for interest @ 10% per annum on the abovementioned awarded amounts till its realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 6th day of November’ 2017. Free copy of this order be communicated to the concerned parties as per rule.
I Agree. I Agree.
- Nanda, Member( W) S.K.Ojha, Member S. L. Behera, President Dictated and corrected by me
S. L. Behera, President
