Haryana

StateCommission

A/69/2016

NATIONAL INSURANCE CO.LTD. - Complainant(s)

Versus

MAHESH CHAND - Opp.Party(s)

NITIN GUPTA

06 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      69 of 2016

Date of Institution:    06.05.2016

Date of Decision :     06.05.2016

 

The Tata Motors National Insurance Company Limited having its office at 20/2, Mujessar More, Opposite Orient Fan Factory, YMCA Chowk, Delhi-Mathura Road, Faridabad, through General Manager, now represented through the duly authorised signatory of National Insurance Company Limited, Regional Office-II, SCO No.337-340, Sector 35-B, Chandigarh.

                                      Appellant/Opposite Party

Versus

 

Mahesh Chand s/o Sh. Khemi, Resident of Gadpuri, Tehsil and District Palwal.

                                      Respondent/Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member.

 

Present:               Shri Nitin Gupta, Advocate for appellant.

                             Shri Ajay Nara, Advocate for respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

A c­ar bearing registration No.HR-38PT/2619, Tata Indica, owned by Mahesh Chand-complainant/respondent, was insured with National Insurance Company Limited (for short ‘the Insurance Company’) for the period November 10^th, 2011 to November 9^th, 2012, vide Insurance Policy Exhibit C-2. The Insured Declared Value (IDV) of the car was Rs.2,46,000/-. On July 11^th, 2012 it caught fire due to short circuit and was totally burnt. Daily Diary Report (Exhibit C-3) was lodged in Police Station Hodal. The Insurance Company was also informed.   Shri Ashish Kumar Choudhry, Surveyor and Loss Assessor of the Insurance Company inspected the car at the spot of occurrence, on July 13^th, 2012 and submitted report (Annexure C-3/C-4). The car was not lifted from the spot either by the complainant or the Insurance Company. It was stolen on April 10^th, 2013. F.I.R. No.94 dated April 11^th, 2013 (Exhibit C-4) under Section 379 of the Indian Penal Code was lodged in Police Station Hodal. The complainant filed claim with the Insurance Company but it did not pay the insured amount. Hence, complaint under Section 12 of the Consumer Protection Act, 1986 was filed before the District Consumer Disputes Redressal Forum, Palwal (for short ‘the District Forum’).

3.          The District Forum vide order dated October 29^th, 2015 accepted the complaint and directed the Insurance Company to pay Rs.2,46,000/-, that is, the IDV of the car after deducting Rs.500/- towards compulsory excess clause;  Rs.10,000/- compensation for harassment etcetera and Rs.5100/- litigation expenses.

4.      Aggrieved of the order of the District Forum, the Insurance Company has filed the instant appeal.

5.      Learned counsel for the Insurance Company has urged that in this case the District Forum should have awarded compensation on non-standard basis, that is, 75% of the IDV. Learned counsel for the Insurance Company has not been able to show any reason to allow the compensation on non-standard basis.

6.      The best piece of evidence is the report of the surveyor of the Insurance Company. The operative part of the report is reproduced as under:-

                                      DAMAGES

Sr.No.	Parts/Assemblies	Damage(s)
1.	Body Shell	Badly burnt, all doors, both Fr. Fenders, back door, Fr. Hood also badly heated.
2.	Glasses	All glasses burnt/melted.
3.	Body fittings	All body fittings as door trims, sunshades, w/strips, gola, beedings, head lining roof, dickey trims, all seats, seat belts, steering wheel etc etc burnt
4.	Electrical units	Instrument panel main, battery, wiring, sensors, ECM unit etc. etc. burnt Self, alternator etc heated.
5.	Engine/G. box	Foundations burnt
6.	Radiator/A.C.	Condensor Burnt. Rad. Hoses, Hose suction & discharge, fan motor assy etc burnt.
7.	Tyres/Rims	All tyres burnt, wheel rims badly heated.

 

7.      A reading of the report (Annexure C-3) shows that the car was completely burnt. So, the Insurance Company is liable to pay the IDV, that is, Rs.2,46,000/- to the complainant, which the District Forum has awarded. In view of this, no case for interference is made out.

8.      Hence, the appeal is dismissed being devoid of merits.

9.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 06.05.2016

Diwan Singh Chauhan Member

B.M. Bedi Judicial Member

Nawab Singh President

CL