BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 19 of 2016

                                Bijoy Nath Das,

                        S/O Bishaw Nath Das

                        Vill- Bairagi Tilla, P.O- Harintilla P.S-Silchar

                        Dist. Cachar,         ………………………………………………….                                     Complainant. 

                                                                        -V/S-

                 1.    The Manager/Authorized Signatory,

                        Shriram General Insurance Co. Ltd.,

                        E-8, EPIP, RIICO Industrial Area, Sita Pura,

                        Rajasthan-302022             ……………………………………………..                 O.P No.1.

                 2.    Branch Manager,

                        Shriram General Insurance Co. Ltd.,

                        N.S. Avenue, Near Surana Motor, Silchar ………………………                 O.P No.2.

Present: -                                 Sri Bishnu Debnath,                                          President,

District Consumer Forum,

                                                Cachar, Silchar.                                             

                                                            Sri Kamal Kumar Sarda,                                       Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -                 Mr. Kutub Uddin & Kishan Hazam Advocate, for the complainant.

Mr. Sasanka Deb, Advocate for the O.Ps.

                                                  Date of Evidence                                         02-05-2018, 21-05-2018

                         Date of written argument                             25-10-2018, 14-11-2018

                         Date of oral argument                                   01-12-2018

                         Date of judgment                                           15-12-2018

                                                                          JUDGMENT AND ORDER

                    Sri Bishnu Debnath,

1. The vehicle bearing Regd. No. AS-11-AC-5494 belonged to the complainant was insured with Shriran General Insurance Co. Ltd. for the period from 24-05-2016 to 23-05-2017 vide Insurance Policy No. 10003/31/17/076454. Unfortunately, on 29-06-2016 at night the said vehicle damaged due to road accident. Accordingly, Silchar P/S Case No. 1742/2016 U/S 279/337/427 IPC registered and investigation started. The police recovered and seize the damaged vehicle from accident site at near Dungripar L.P. School, Silcoorie and examined by MVI. The incidence was informed to the Branch Manager of Shriram General Insurance Co. Ltd. and towed the demaged vehicle to the workshop (name and style R.S. Sumo Work), Kathal Road, Silchar and submitted claim for Rs.1,44,610/- (Rupees One Lakh Forty Four Thousand Six Hundred Ten) as per estimate given by that workshop but the insurance company is willing to pay Rs. 25,900/-(Rupees Twenty Five Thousand Nine Hundred) only. Hence this case.
2. The insurance company is represented by its Manager and Branch Manager. So they are arrayed as O.P No.1 and O.P No.2. They submitted their joint W/S. In the W/S stated inter-alia that as per surveyor report the O.P is ready to pay Rs. 25,900/-(Rupees Twenty Five Thousand Nine Hundred) only as full and final settlement of the claim.
3. During hearing the complainant submitted deposition supporting affidavit and exhibited some relevant documents including estimate of Rs.1,44,610/- (Rupees One Lakh Forty Four Thousand Six Hundred Ten) which included price of parts, colouring and labour charges. The O.Ps also submitted deposition of Peeyush Jain and exhibited some documents including survey report. After closing evidence both sides’ counsels submitted written argument.
4. I have also heard both sides’ counsels and the evidence on record including written argument. In this case the moot point is what the estimated amount for repairing of the vehicle is Rs.25,900/- (Rupees Twenty Five Thousand Nine Hundred) or Rs.1,44,610/- (Rupees One Lakh Forty Four Thousand Six Hundred Ten). Other relevant point i.e. validity of insurance policy, fact of accident of the vehicle, police case and survey by independent surveyor are not challenging fact. So, I do not find to discuss evidence on record to decide all those relevant fact except the fact of estimated repairing cost.
5. In this case the O.P is ready to pay Rs. 25,900/-(Rupees Twenty Five Thousand Nine Hundred) as repairing cost. They said the said amount is assessed by independent surveyor. I have gone through the survey report vide Ext-D. The surveyor mentioned in detail the cost of repairing in his report as Rs. 25,900/-(Rupees Twenty Five Thousand Nine Hundred) only. But I do not find any supporting document as how he assessed the estimated cost as Rs.25,900/-(Rupees Twenty Five Thousand Nine Hundred). Nothing explained in the DW in that aspect to conclude that the surveyor reported the repairing cost is just and proper. On the other hand the complainant submitted not only exhibited police report but also exhibited Bill/Cash Memo/Quotation of R.S. Sumo Work, Kathal Road, Silchar, vide Ext-4, 4 (1), 4 (2), 4 (3) and 4 (4) to establish the fact the estimated cost as per workshop is Rs.1,44,610/-(Rupees One Lakh Forty Four Thousand Six Hundred Ten) only.
6. Therefore applying the principle of preponderance of probabilities the evidence of the complainant is considered as more reliable. Hence, the O.Ps are to liable to make payment of expenditure of repairing not exceeding Rs. 1,44,610/-(Rupees One Lakh Forty Four Thousand Six Hundred Ten) directly to the account of the workshop after receiving Bill/Cash Memos etc for repairing the vehicle. If actual cost is coming less than Rs.1,44,610/-(Rupees One Lakh Forty Four Thousand Six Hundred Ten) then only the actual cost is to be paid by the O.Ps. In addition the O.Ps are to pay compensation of Rs.5,000/-(Rupees Five Thousand) only as mental agony of the complainant and Rs.2,000/-(Rupees Two Thousand) only as cost of the proceeding.
7. Both the O.P No.1 and 2 are jointly and severally liable to pay the aforesaid repairing amount immediately after receiving the Bill/Cash Memos etc from workshop after completion of repairing work of the vehicle. Further O.Ps are liable to pay compensation and cost of the proceeding as above within 45 days from today. In default, @ 10% interest per annum on the total awarded amount to be paid by the O.Ps.
8. With the above, this case is disposed of on contest. Supply free certified copy of this award to the parties. Given under my hand and seal of this District Forum on this the 15^th day of December 2018.