Haryana

StateCommission

A/541/2015

RELIANCE GEN.INSURANCE CO.LTD. - Complainant(s)

Versus

MAHABIR(SINCE DECEASED) - Opp.Party(s)

P.M.GOYAL

11 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                                 

First Appeal No.541 of 2015

Date of Institution: 28.01.2015      Date of Decision: 11.07.2016

 

1. Reliance General Insurance Company, 1^st Floor SCO No.212-215.  Sector 31-A, Chandigarh service through its Branch Manager, Rohtak. Through General Manager, Legal, Reliance General Insurance Company, SCO No.145-146, Sector 9-C, Madhya Marg, Chandigarh.

     …..Appellant

                                                Versus

 

1.Mahabir son of Pirthi (since deceased) through his legal representative/heirs:-

i)        Sombir ii) Ombir iii) Karambir

all sons  of Late Mahabir son of Pirthi Singh resident of village Julana District Jind.

2.Anil Sehgal, Surveyor, Reliance General Insurance Co.R/o 174, Hisar District Hisar.

         …..Respondents

 

 

CORAM:   Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-    Mr.Gaurav Sharma, Advocate counsel for the appellant.

                   Mr.Bhupender Singh, Advocate counsel for the respondent No.1.

                   Mr.Satpal Dhamija, Advocate counsel for the respondent No.2.

 

 

ORDER

 

URVASHI AGNIHOTRI MEMBER:

 

 

1. Reliance General Insurance Company Ltd. /OP is in appeal against the order dated 04.05.2016 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum’), Rohtak, directing the OP to pay to the complainants, an amount of Rs.1,69,565/- alongwith interest @ 9 % p.a. from the date of filing of the complaint i.e. 03.02.2011  Rs.2200/- as litigation expenses.
2. Briefly stated, complainants got the vehicle bearing No.HR-56-6926 insured vide cover note No.109000020851 dated 06.04.2009 from OP-1 which was   valid upto 05.04.2010. During the period of validity of the policy, the said vehicle met with an accident on 11.10.2009 and got damaged. OP appointed the surveyor to assess the loss and the complainant submitted all the documents as required by the surveyor i.e. R.C.D.L., Copy of police report, copy of insurance and mechanical report etc. The complainants lodged the claim with the OP but the same was not settled. Aggrieved against this act of the OP, the complainants approached the District Forum to pay the sum assured of the vehicle i.e. Rs.6,00,000/- alongwith interest and interest.
3. Opposing the claim, the OP pleaded that till date complainant had not provided the R.C. in original/Copy of R.C. duly attested, Driving License in original/copy of D.L. self attested and reason for delay in the intimation of the said loss for 5 months of the said occurrence. Further, the OP pleaded that the complete documents for the proper settlement and disposal of the alleged claim were not supplied by the complainants to the OP, therefore, the claim was rightly repudiated.  Hence, there was no deficiency in service on the part of the OP. However, the learned District Forum rejected the pleas raised by the OP and accepted the complaint vide order dated 04.05.2016 by granting the aforesaid
4. Against the order, the OP has filed Appeal before us contending that the learned District Forum has accepted the complaint without any legal justification and the same submissions as made before the District Forum have been reiterated before us.
5. We have heard learned counsel for the appellant and have also gone through the record. It is evident on record that the insured vehicle met with the accident on 11.10.2009 and FIR was lodged on the very next date i.e. 12.10.2009. Soon thereafter, all the relevant documents were supplied by the complainants to the surveyor for assessing the loss e.g. RC., D.L., copy of police report, copy of insurance and mechanical report etc. The surveyor after examining the documents assessing the loss as Rs.1,69,565/- instead of Rs.6,00,000/-  for which the vehicle stood insured. The learned District Forum agreeing with the assessment made by the surveyor and allowed the complaint awarding an amount of Rs.1,69,565/- alongwith interest @ 9 % per annum from the date of filing the complaint i.e. 03.02.2011 and Rs.2200/- as litigation expenses. We do not find any legal infirmity with this conclusion of the learned District Forum. Consequently, we dismiss the appeal with no order as to costs. The 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/ revision, if any.

 

July, 11^th, 2016                       Urvashi Agnihotri                                R.K.Bishnoi,                                                   Member                                              Judicial Member                                             Addl. Bench                                        Addl.Bench