Karnataka

Chitradurga

CC/101/2022

Sri.Bhairesh.B.H S/o Hanumanthappa - Complainant(s)

Versus

Liberty General Insurance company ltd., - Opp.Party(s)

Sri.Hanumanthappa.S.Kondajji

17 Jul 2023

ORDER

COMPLAINT FILED ON:13/06/2022

DISPOSED ON:17/07/2023

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

C.C.NO:101/2022

DATED: 17^th July 2023

 

PRESENT: Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                  Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER                       

COMPLAINANT	Sri Bhairesh B.H.      S/o Hanumanthappa, Aged about 26 Years, R/o Hanumanahalli Cheelangi-577 541, Chitradurga Taluk and District.     (Rep. by Hanumanthappa S. Kondajji         Advocate,)
V/S
OPPOSITE PARTIES	Liberty General Insurance Company Ltd., # 21/15, The Land Mark,   M.G.Road, Bengaluru-560 001. Represented by its Manager /authorized     (Rep. by B.M. Ravi Chandra, Advocate,)

 

 

:: ORDER ::

 

By Smt. B.H.YASHODA, B.A., LL.B., LADY MEMBER.

       

        The complainant has filed this complaint Under Section 35 of Consumer Protection Act 2019, for seeking the relief to direct the opposite party to pay of sum of Rs.3,49,474/- as prayed in Para No.7 of the complaint with interest at the rate of 24 % P.A from the date of accident with cost by allowing this Hon'ble Commission may deems fit and proper in the interest of justice.

 

 

2. The Brief facts of complaint is as follows:-

Complainant is the owner of a vehicle MAHINDRA SUPRO MINI TRUCK Vx bearing Reg. No.KA-16 D-7559, Make 2020, class of vehicle is goods carrier, he purchased brand new vehicle and got registered on 21/10/2020, before the R.T.O. Chitradurga, Complainant further submits that, there was a package policy, the policy was in force from 12/10/2020 to 11/10/2021 bearing policy No. 201350020720800016300000 to cover all risk, including own damages with the opposite party, the opposite party have collected the premium of Rs.25,322/- assuring to cover all the risk and IDV of the vehicle Rs.4,99,666/-.  The complainant has purchased the above vehicle for his livelihood and income derived from the said vehicle he has been leading his life and most of the times he drives the said vehicle for the purpose of carrying the goods.

       

        3. Further, the complainant submits that, that on ill-fated day the above said vehicle was being driven by Chethan M., as the complainant was not feeling well, since there is a urgent work he handed over the said vehicle to the said Chethan M., for driving for the purpose of transferring the empty tins and other products.  As stated supra that on 19/03/2021 at about 3.P.M on National Highway near Chitradurga city the above said vehicle was met an accident, while proceeding from Bharamasagara to Hanumanahalli Village, with empty milk tins and cattle food, including agro products for growing cattle feeds, as the stray dog came suddenly to the vehicle, when the driver of the vehicle / complainant try to save the said dog which came from left side, as such the vehicle went to side of the road and fell into the drainage and vehicle was badly damaged, further the said fact was informed to the opposite party and formalities were observed.

 

        4. The complainant submits, that, in the said accident the vehicle was badly damaged / crushed as mentioned in the quotations and estimations and many parts of the vehicle were not in a position in repair and required to be replaced with new one and the said vehicle was also required the work of denting and painting.  Further the said vehicle was taken to garage for repair viz.  M.S.K tinkering and painting works, at Chitradurga, further cost of estimation was assessed.  The complainant further submits that, as stated in supra, the said vehicle was badly damaged / crushed viz., axi body, LH door, front panel, R.H.Head lamp, L.H.Head Lamp and etc.  As mentioned in the quotations and bills as stated above.  The complainant got repaired the vehicle and its cost of repair is Rs.2,99,474/- the said cost of repair includes spares, painting tinkering, glass work, electric spares and labor charges etc.  Further complainant submits that, he submitted claim from with all necessary particulars and original / required documents, viz., vehicle, policy and driving license particulars and repair bills to the opposite party.  Further complainant requested the opposite party to settle the claim at the earliest accordingly the opposite party gave assurance.  After submitting the claim form, the complainant approached the opposite party on many times and contacted over phone also on all the time he was given with false assurance that claim would be settlement.

 

        5. The complainant submits that, as stated supra the complainant has been requesting the opposite party to settle the claim, but on the times he was given with only false assurance that claim would be settled on this month or next month, the opposite party has not settle the claim so for, being disgusted with the fact and attitude of the opposite party, the complainant got issued the legal notice dated:28/01/2022 through his advocate inspite of service of the said notice, the opposite parties neither complied with the demand notice nor replied for it.  The opposite party as being an insurer is liable to pay the damage / cost of repair and the complainant is entitled for it, but the act of the opposite parties is a deficiency in service on their part and they have adopted the unfair trade practice as defined under the consumer protection Act.

 

6. The claim of the complainant is as follows:-

 

a	Cost of repair	Rs.  2,99,474=00
b	Mental agony	Rs.     25,000=00
c	Other Expenses	Rs.     25,000=00
Total		R.s.3,49,474=00

       

 

        7. The complainant issued a notice to the opponent on 28/01/2022 received notice, hence, filed this complaint, the cause of action and Jurisdiction for this complaint is comes under the purview of this Hon'ble Commission.

 

       

        8. After registering the complaint the commission has issued the notice to the opposite party and the same has been duly served and OP has appeared through their counsel and filed their version / objections by denying all the complaint allegations i.e., it is true that the opponent insurance company has issued commercial vehicle package policy goods carrying vehicle policy to the goods vehicle bearing Reg. No.KA-16 D-7559 for the period 12/10/2020 to 11/10/2021 in the name of one Bhairesh S/o Hanumanthappa and covering the risk of 3^rd party injury and death unlimited, PA to owner cum driver for an amount of Rs.15,00,000/- only and also insured declared value of the vehicle is Rs.4,99,866/- only and the said policy will be in force as per the terms and conditions of the policy and confirmation of 64 VB and also terms and conditions of M.V. Act admissibility of any claim under the policy is governed by the said terms of the insurance contract.

       

        9. That the complainant has intimated the accident of the vehicle bearing Reg. No.KA-16 D-7559 through customer care center and also he has given the claim form on 20/03/2021 stating that the Chethan M. is the driver of the vehicle and also along with claim form the complainant has given only estimation of the vehicle R.C., Policy copy and driving license of the Chethan.  But as per the intimation given by the complainant call center. Mr.Bhairesh, the complainant himself was the driver of the vehicle on the date of accident.  But, along with claim form the complainant has given the driving license of the Chethan.  That after receiving of claim form RC Policy copy and driving license of the Chethan, the opponent insurance company has issued letters to the complainant calling him to produce, the driving however the driving license was not submitted for verification by this opposite party.

 

               

        10. That on information of the claim surveyor Sri.Echhareshwara J.V. was deputed to inspect the vehicle and to assess the loss.  The surveyor assess loss for an amount of Rs.38,193/- subject to term of the policy.  Assessment was drawn based on the estimate submitted by the complainant.  The surveyor dated: 23/06/2021 has issued a letter to the complainant stating that he has inspected the vehicle on 22/03/2021 and calling upon him for production of invoice copy and also requested the complainant for the documents and also for inspection of the vehicle for further processing of claim.  However, the complainant failed to furnish the documents despite reminders.  The opponent insurance company has again sent a final reminder to the complainant on 27/06/2021 calling upon the complainant to produce driving license of Bhairesh, load at the time of accident in the vehicle.  FIR copy and also to give documents regarding any TPPD damage if any, injury details if any and the same has to be submitted within 7 days from the receipt of the final reminder.

     

       

        11. If the same was not intimated with documents by the complainant, the claim of the complainant will be taken as no claim and will be closed the claim of the complainant.  Hence, the complaint filed by the complainant is a premature one and he has not has been a diligent in making effort to give the documents as sought by the opponent insurance company.

 

       

        12. That the opponent insurance company has not got any documents from the complainant with claim form and also the complaint filed by the complainant is a premature one and also there is no deficiency in service on the part of the opponent, hence the opponent party prays for dismissal of the complaint with exemplary cost.

 

 

13. The complainant has examined as P.W-1 filed his Affidavit evidence and produced documents and marked documents Exhibit A-1 to A-17 and closed his side evidence.  The OP examined as D.W-1 through chief Affidavit and produced documents and marked as Exhibit B-1 to B-8 and closed his side evidence.  The complainant and OP have filed their written arguments and heard the arguments.

 

               

          14. Now, the points that arise for our consideration for decision of above complaint is that:

1. Whether complainant proves that he is the consumer of OP?
2. Whether complainant proves that the OP has not settled the claim of the complainant through the vehicle is having insurance policy and the same was in force as on the date of accident and entitled for the reliefs as prayed for in the above complaint?
3. What order?

 

15. Our findings on the above points are as follows:

1. Affirmative
2. Affirmative
3. As per final order

 

:: REASONS ::

 

16. Point No: 1 & 2:- The complainant examined as P.W-1 and the document marked as Exhibit A-1 to A-17.  The OP has examined as D.W-1 and the document marked as Exhibit B-1 to B-8.  The OP not disputed that the complainant is the consumer of the opponent.

 

 

17. On perusal of evidence averred and documents produced by the complainant and opponent.  As per the averments made by the complainant that he has obtained the policy bearing No: 201350020720800016300000 to cover all risk including own damages with the opposite parties by collecting the premium of Rs.25,322/- assuring to cover all he risk and IDV of the vehicle for Rs.4,99,666/- for a period of 12/10/2020 to 11/10/2021.  It is observed that on the date of accident the vehicle was being driven by Chethan M. as the complainant is not feeling well and to urgent work.  That on 19/03/2021 while Chethan was driving the vehicle by carrying empty tins, all of a sudden a stray dog was passing through left to right side of the road, to save the life of the dog, the vehicle was went side of the road and fell into the drainage and vehicle was badly damaged.  In that accident, vehicle was badly crushed viz, axi body, LH door, front panel, R.H. Head lamp, L.H. Head lamp and etc.  The, the complainant has informed about the accident and observed all the formalities to the opponent.  The complainant got repaired the vehicle and its cost of repair is Rs.2,99,474/- the said cost of repair includes spares, painting, tinkering, glass work, electric spars and labour charges.  The complainant submitted claim form with all necessary particulars and original documents i.e., Exhibit A-1 to A-17 and requested the opponent to settle the claim.  The opponent have given evasive answers that the claim amount will be settled within a month or two.  But, the opponent have not settled the claim of vehicle damaged amount.  In this regard, the complainant has got issued the legal notice dated:28/01/2022 to the opponents but the opponent neither complied to the notice nor settle the claim of the complainant.

 

18. The opponents has not disputed about the vehicle was insured for package policy and damage of the vehicle.  But the opponent alleged that the complainant in his claim form, mentioned at the time of accident, the owner himself has driven the vehicle i.e., Bhairesh.  But, along with claim form, the complainant has given the driving license of the Chethan.  The opponent has appointed one Mr. Sri Echhareshwara J.V.as surveyor to inspect the vehicle and to submit the detailed report pertaining to vehicle damages and expenses.  After assessing the loss or damage of the vehicle, the surveyor given report as per Exhibit B-4 to Rs.38,193/-.

 

19. After perusing of the complaint, version and written arguments and also documents.  That as per Exhibit A-1, there is a package policy on the vehicle to cover all the risks all the times for which the opposite party had collected the premium.  As per Exhibit B-4, surveyor’s report, the actual damage of the vehicle is assessed for Rs.38,193/-.  As per Exhibit A-2 mentioned that in the claim form, at the time of accident, Mr. Chethan. M was driving the vehicle.  Even then, the opponent have not settled the claim as per surveyor's report, it leads to deficiency in service and unfair trade practice on the part of the opponent towards complainant.  As such the points No.1 and 2 has been taken into consideration as affirmative.

 

        20. Point No.3 :- As discussed on the above points No.1 & 2 and we pass the the following order.

 

 

:: ORDER  ::

       The present complaint filed by the complainant Under Section 35 of Consumer Protection Act 2019 against the opponent is partly allowed.

 

      The OP is hereby directed to pay Rs.38,193/- towards repair charges as certified by the surveyor to the complaint with interest of 6% P.A from the date of filing of the complaint.

 

      The OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5000/- towards cost of proceedings to the complainant.

 

      The OP has to comply the above of filing orders within one month from the date of the complaint if failed the OP has to pay 8% interest on the total compensation amount to the complainant till its realization.

 

        Supply free copy of this order to both the parties.

 

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open commission by us on 17^th  July 2023.)

 

 

 

 

           LADY MEMBER                                         PRESIDENT

 

-:ANNEXURES:-

 

Witness examined on behalf of Complainant:-

 

PW-1: Sri Bhairesh B.H. S/o Hanumanthappa, by way of affidavit

           Evidence

 

 

Documents marked on behalf of Complainant:-

01		Exhibit A-1		Insurance policy copy bearing No. 201350020720800016300000
02		Exhibit A-2		Motor Insurance claim Form private car / two wheeler
03		Exhibit A-3		Xerox copy of the quotation dated:24/03/2021
04		Exhibit A-4		Xerox copy of the Cash Credit bill No.849, dated:30/04/2021
05		Exhibit A-5		Xerox copy of the Cash Credit bill No.850, dated:30/04/2021
06		Exhibit A-6		Xerox copy of the tax invoice No.3745, dated:25/06/2021
07		Exhibit A-7		Xerox copy of the bill book No.470, dated:25/06/2021
08		Exhibit A-8		Xerox copy of the bill book No.473, dated:25/06/2021
09		Exhibit A-9		Xerox copy of the bill book No.474, dated:25/06/2021
10		Exhibit A-10		Xerox copy of the R.C.Book.
11		Exhibit A-11		Xerox copy of the Driving license of the complainant
	12		Exhibit A-12		Xerox copy of the driving License of Chethan
	13		Exhibit A-13		Xerox copy of the Legal notice dated:28/01/2022
	14		Exhibit A-14		R.P.A.D receipt original
	15		Exhibit A-15		Postal acknowledgement original
	16		Exhibit A-16		Photographs of the damaged vehicle
	17		Exhibit A-17		Photographs of the damaged vehicle

 

 

Witness examined on behalf of Opponent:-

 

D.W-1: Praveen kumar S/o Santhappa Gowda, by way of affidavit evidence

Documents marked on behalf of Opponent:-

 

01	Exhibit B-1	Copy of the Liberty General Insurance Limited dated:12/10/2020
02	Exhibit B-2	Commercial Vehicles package policy wording
03	Exhibit B-3	Motor Insurance Claim form private car/two wheeler dated:19/03/2021
04	Exhibit B-4	Motor Survey Report dated:21/07/2022
05	Exhibit B-5	FIRST Letter Request/Reminder dated:13/06/2021
06	Exhibit B-6	2ND Letter Request/Reminder dated:20/06/2021
07	Exhibit B-7	FINAL REMINDER Dated:27/06/2021
08	Exhibit B-8	Indian Postal Receipt dated:24/06/2021

 

 

             Sd/-                                                                       Sd/-

LADY MEMBER                                                  PRESIDENT

 

 

S.