Extract Order No. 30 dtd.16.08.19
Learned Counsel for both the parties filed hazira. Heard the arguments advanced by Learned Counsels for the parties, also perused the complaint petition, written version, documents filed into the dispute. It is the case of the complainant that she owned a Honda City motor car bearing Regn.No.OD-02-V-7746 and insured the said car with OP-Oriental Insurance Company vide Policy No.345106/2018/849 which covers a period from dtd.31.05.17 to Midnight of dtd.30.05.2018. It is the case of the complainant that while she was returning from Cuttack to Kendrapara on dtd.29.10.17 at about 4 PM near Salipur the front side glass of motor car was broken due to heat of a metal/stone which was lying on the road. It is the further case of the complainant that to make the motor car roadworthy she replace a new front side glass on the consent of the employee of the OP-Insurance Company and intimated the facts to the Ops on dtd.30.10.17 and lodge a claim before the Op-Insurance Company for its settlement and for replacement of the front side glass complainant has spent a total amount of Rs.11,357/- but instead of settling the on claim,OP-Insurance Company on dtd.04.12.17 issued a letter which was responded by the complainant by issuing an Advocate notice on dtd.12.01.18. Such non-settlement of insurance claim as per the complainant is a deficiency of service on the part of the OP which caused financial and mental agony. Accordingly, it is prayed that a direction may be given to the OP to disburse a total amount of Rs.1 lakh to the complainant for the loss and amount of compensation.
On the otherhand, it is the case of the Op-Insurance Company that the policy of the complainant bearing No.345106/31/2018/849 which was valid from dtd.31.05.2017 to midnight of dtd.31.05.2018. It is also averred that as per the certificate of Insurance Information Bureau of India, Petitioner has insured her vehicle vide No.OD-02-V-7746 with Bajaj Alianz G.I.C.Ltd. and got N.C.B of Rs.8603/- and the matter was suppressed by the complainant/Policy holder while taking the present policy of the vehicle. In the circumstances, the OP-Insurance Company has not committed any deficiency in service as complainant is not entitle to any relief and the complaint is to be rejected with cost.
Considering the submissions of the parties and on perusal of documents the admitted facts of the case are that complainant’s vehicle bearing No.OD-02-V-7746 was registered with OP-Insurance Company which was valid from dtd.31.05.2017 to midnight of dtd.30.05.2018. The only defense plea of the OP-Insurance Company is that as the complainant/policy holder has misrepresented by suppressing material facts in regard to the eligibility of N.C.B.(No claim Bonus) on renewal of the policy and as per the previous insurer Bajaj Allianz there was a claim with them. Now the core question before the Forum is that whether she is entitled to any relief is sought for in the facts and circumstances. Learned Counsel appearing for the complainant attracted our attention to a decision of the Hon’ble National Commission reported in 2018(I) CPR-522(NC) in case of Anjani Gupta-Vrs-Future General India Insurance Company, wherein the Hon’ble National Commission observed that if no claim bonus is wrongfully taken by the insured, the claim would still be payable on a non-standard basis. In the present case complainant has not averred a single sentence regarding availing of any N.C.B. But, on perusal of the observation of the Hon’ble National Commission in the aforesaid cited case the complainant-policy holder is entitled for the claim on a non-standard basis with certain deduction. It is also clear that in the present case, the Surveyor’s report and loss assessment if any, is not produced before this Forum for appreciation of the fact. Complainant filed a attested Xerox copy of money receipt of Highway Honda bearing Sl.No.12640 dtd.15.11.2017 which reflects that complainant has paid an amount of Rs.11,357/- towards expenditure for repairing of the vehicle. As we have observed earlier, the claim of the complainant is to be settled in a non-standard basis, we feel it proper to deduct 25 per cent of the total expenditure amounting of Rs.11,357/- as claim amount of the complainant/policy holder. After deduction, the claim amount comes to Rs.8,518/-(Rupees Eight thousand five hundred eighteen)only.
Having observations reflected above, it is directed that OP-Insurance Company shall pay an amount of Rs.8,518/-/-(Rupees Eight thousand five hundred eighteen)only to the complainant/policy holder alongwith 6 per cent simple rate of interest from the date of filing of the present complaint i.e. dtd.04.04.18 to till its realization. The order is to be carried out within one month from the date of receipt of this order, failing which 9 per cent interest will be imposed on the ordered amount alongwith other penal provisions provided in the C.P.Act,1986.
Accordingly, the complaint is allowed in part without cost on contest against the Opp.Party.
Pronounced in the open Court, this the 16th day of August,2019.
