The complainant Gopal Mishra has filed this complaint petition against Manager, Yesh Raj Motors and two another (o.ps) for realization of Rs. 3,40,900/- as ( sum assured), Rs. 18,600/- for maintenance charge of vehicle from 07-05-2015 to 29-10-2015 @ Rs. 100 per day for 186 days , Rs. 40,000/- for compensation of physical and mental harassment and Rs. 20,000/- as litigation cost total Rs. 4,19,500/- with 12 % interest p.a. since 06-05-2015 (date of occurrence) till realization. It has been further prayed that the complainant is entitled for maintenance charge of the vehicle from 29-10-2015 till realization @ Rs. 100 /- per day.
The, brief, facts of the case is that complainant purchased TATA Indica bearing registration no.- BR06- PB7724 in the year 2013 from o.p no.1 for the affairs of State bank. It has been further mentioned that the insurance of the vehicle was being insured from the Yesh Raj Motors vide broker code no.- 99999. In that course of business the vehicle was insured with o.p no.2 Bharti AXA General Insurance Ltd. on 14-05-2014 to 31-05-2015 vide policy no. 59216878/- for Rs. 3,40,900/- by o.p no.1. It has further stated that on 06-05-2015 at about 8:40 P.M. the vehicle India Car was dashed by truck no. Br- 06GB-5490, which was coming from opposite side, near Khabra Temple Muzaffapur N.H.-28, resulting driver sustained injuries and he died during course of treatment. The vehicle was also damaged wholly. The further case is that the son of driver registered case bearing Sadar P.S. Case No.234/2015 and on the information of complainant o.p no.2 registered claim no.-18001032292. Both insurance company, and local police started investigation. After investigation, local police submitted charge sheet no.- 278/2015 dated 30-05-2015 against the driver of the truck. The further case is that after accident the complainant took over the damaged vehicle before o.p no.1 and he was informed by o.p no.1 to deposit Rs. 50,000/- as advance along with vehicle, which will be adjusted in the repair of the vehicle. The further case is that he was also informed that if vehicle will not be repaired, Rs. 300 per day will be charged for garage fee. The complainant didn’t park his vehicle in the garage of complainant due to above reason and he parked his vehicle is an another garage where the maintenance charge was Rs.100 per day. The complainant obtained estimate for repairing of the vehicle from Chunu Auto Garage Gobarsahi Muzaffarpur for Rs. 4,06, 850/- which was more than the estimated cost of the vehicle. So, he didn’t got repaired the vehicle and claimed sum assured from o.ps company. The o.ps company didn’t pay the sum assured thereafter the complainant sent a legal notice on 08-03-2015 and also sent a request letter to area Manager on 10-10-2015 of the above effect.
The complainant has filed the following documents with the complaint petition - photocopy of R.C. of Jeep No. Br- 06PB- 7724 annexure-1-, photocopy of contract Carrarige permit annexure-2-, photocopy of pollution certificate annexure-3-, photocopy of policy certificate annexure-4-, photocopy of legal notice annexure-5-, photocopy of D.L. of Jagadish Singh annexure-6, photocopy of information regarding damage of vehicle annexure-7, photocopy of estimate of Chunu auto Gararage annexure-8-, photocopy of FIR of Sadar P.S. Case No.- 234/2015 annexure-9-, photocopy of charge sheet no. 278/2015 annexure-10,
On issuance of notices o.ps didn’t appear so vide order dated 10-07-2018/01-11-2018, the forum proceeded Ex. Party against the o.ps . Thereafter, on 25-01-2019, o.p no.1 appeared with power but didn’t file his w.s., so vide order dated 10-05-2019, he was debarred from filing w.s.
The complainant Gopal Mishra has examined himself as AW-1 and has filed his evidence on affidavit. He has supported his case in full length in his deposition filed on affidavit. Nothing is on record against the evidence adduced on behalf of complainant. On perusal of annexures it transpires that the vehicle in question was insured with o.p no.2. The complainant has also filed the estimated repairing cost of damaged vehicle as annexure-8 and the same is more than sum assured. The complainant has also filed photocopy of FIR of Sadar P.S.C.No.-234/2015 as annexure-9, photocopy of charge sheet no. 278/2015 to prove his contention about accident. There is nothing on the record contrary to the above facts. The complainant has also filed photocopy of legal notices annexure-5, to show about claiming of the claimed amount. The o.p no.1 appeared before the forum but not filed any w.s. to contradict averments/evidence produced on behalf of complainant.
So, we are of the opinion that there is deficiency in service on part of o.ps.
Complainant has claimed Rs. 18,600/- for maintenance of the vehicle for 180 days but he has not produced any receipt in this regard and as such he is not entitled to get the same.
Accordingly, complaint petition is allowed Ex. Party and the o.ps are directed to pay Rs.3,40,900/ as ( sum assured) to the complainant with 8 % p.a. interest from the date of filing i.e 10-11-2015 Rs. 20,000/- as mental agony and physical harassment and Rs. 10,000/- as litigation cost within one month from the receipt of the copy of the order, on failure they shall be responsible for payment of aforesaid amount with 9 % interest p.a. till realization. Let a copy of this order be furnished to both the parties as per rule.
