Today is fixed for order.
Brief facts of the complainant case is that, the complainant was the owner of Hyundai Venue vehicle bearing Registered No. W.B. 74BB6422 and which was insured by the O.P. Insurance Company for the period 17.02.2020 till the midnight
of 16.02.2021. The said vehicle met with an accident on 03.02.2021 at about 5.30 p.m. at about 1 km. away from Marybong Darjeeling towards Jorebunglow, under Jorebunglow P.S. The vehicle at the time of accident was being driven by Sri Umesh Thakur. The complainant then lodged a complaint on 04.02.2021 at Jorebunglow P.S. and one M.A. Case. Bearing No. 02 dated 04.02.2021 had been started. The complainant had then registered his claim through call centre on 13.02.2021 vide claim no. 3311078367. The complainant had then taken the vehicle to M/s Durga Automotives Private Limited Siliguri, for repairs, as per the instructions of the O.P. Insurance. Documents had also been submitted to the O.P. Insurance Company.
On 26.02.2021 complainant received a letter being reference no. 3311078367/KOL/CLOSURE, wherein the claim was repudiated on the ground of driver implant at the time of accident. Hence this case.
The O.P. Insurance Company despite receiving the notice on 27.04.2021, did not appear to contest the claim made by the complainant. As such the case was heard ex-parte.
The complainant has examined himself in support of his case and furnished the copies of Insurance Policy, RC Book of the vehicle and one seizure list and one complaint made to the O.C Jorebunglow P.S., along with letter issued by the O.P. Insurance Company and repairing bill amounting to Rs. 589709.98/- issued by the M/s Durga Automotives Private Limited, Siliguri.
The Policy of the O.P. Insurance Company, in respect of the above vehicle, clearly shows that the tenure of the insurance was from 17th February 2020 to 16th February 2021. Therefore, it clearly proves that the vehicle at the time of accident was under the insurance coverage of the O.P. Insurance Company. The Insurance Policy further discloses the name of the garage as M/s Durga Automotives Private Limited, Siliguri. The copy of the F.I.R., also discloses, that the vehicle was being driven by Sri. Umesh Thakur and which is further corroborated by the seizure of the Driving License of Sri. Umesh Thakur, and the return of the same vide Zimmanama. The bills submitted by the M/s Durga Automotives Private Limited, Siliguri, also corroborates the repair of the said vehicle.
Hence, when the vehicle met with an accident as is corroborated by the above documents and the subsequent repairs under taken at the registered garage, clearly shows that the vehicle was being driving by a licensed driver and the expenses incurred from such accident, appears to have been proved. On the other hand the reluctance of the O.P. Insurance Company to contest the claim clearly shows that the O.P. Insurance Company had resigned itself to the fate of the instant case.
As a result, the instant case succeeds ex-parte.
It is therefore,
ORDERED
That the instant case be and same is disposed of ex-parte with cost against the O.P. Insurance Company.
The O.P. Insurance Company is directed to pay the complainant a sum of Rs. 589709/- (Rupees Five Lacs Eighty Nine Thousand Seven Hundred Nine) only as repairs charges.
The O.P. is also directed to pay a sum of Rs. 5000/-(Rupees Five Thousand Only) as mental pain and agony.
The above amounts shall be paid within two (2) months from the date of this order, failing which interest @9% would be levied till the date of payment.
