Bihar

Muzaffarpur

CC/95/2015

Rajeev Sah, - Complainant(s)

Versus

Managing Director, Reliance General Insurance Company Ltd. & Others - Opp.Party(s)

Anil Kumar Singh & Amir Kumar

11 Feb 2016

ORDER

Order

           

                    The complainant has filed this case on 25-05-2015 for claim of Rs. 1,77480/- for insured declared value along with Rs. 51000/- for mental agony and physical harassment and Rs. 31000/- for litigation cost with 18% interest since the dated of thept of the vehicle bearing registration No. BR06PC-2491.

The case of complainant appears from complaint petition supported with an affidavit that he has get insured his new piaggio three wheeler (Tempoo) from the agency of O.P. Reliance Insurance Company Ltd. bearing policy no. 2401542339001512 against the vehicle registration no BR06PC-2491. The period of covered insurance is from 07-06-2014 to        06-06-2015. The complainant has purchased his new piaggio tempoo for his livelihood. He has further alleged that during the insured period complainant was waiting for passengers with his 3 wheeler bearing registration No.-BR06PC-2491 at Ramdayalu chowk, Muzaffarpur, at about 10 AM on 27-10-2014. In the meantime two unknown persons came to the complainant and reserved the said 3-wheeler for sakara. The complainant and the said two persons leftt Ramdayalu Chowk for sakara with the said 3-wheeler. On the way the complainant has drink thanda given by the said two persons and become fainted. The complainant was thrown out from the said tempo at village Bakul Chhapra, P.s-Musahari, Dist.-Muzaffarpur and those two persons fled away with the said tempo. The villagers of place of occurrence had reached the complainant to Mushari hospital and informed the mushari police. The said two persons had given some toxic substances in liquid (thanda) according to doctor and had injured the complainant with sharpen instrument. After that the complainant was very much frightened due to said incident.

The complainant was assured that mushari police would have lodged F.I.R. on the information of villagers of place of occurrence. But the complainant was surprised when he came to know that the police had not lodged F.I.R against the incident i.e, theft of tempo. The complainant requested the officer in charge to lodge F.I.R and ultimately F.I.R was lodged on 15-11-2014. After that the complainant had suffered from high fever and remained bed ridden and when he became cured submitted all relevant papers to the branch office of O.P. on 03-12-2014 and filed claim against policy no. 2401542339001512.

The complainant has filed copy of F.I.R, C.C of final form, C.C of acceptance of final form by the learned court, Xerox of insurance paper, Xerox of registration certificate, Xerox of claim repudiation letter.

Notice has been served but O.P.s did not appeared. After giving a lot of time (chances) to the O.Ps the case was fixed for ex-party hearing.

The learned advocate of complainant argued that O.P.s have knowingly and deliberately not appeared in this complaint case. He has further argued that O.P.s have repudiated the claim of complainant only on the grounds that the complainant had not get lodged F.I.R in time and also delayed in intimating the loss (thept) to the insurance company. He further argued that after shocked of the incident the complainant was as bed ridden and that is why the information of incident given to the O.Ps became late for 37 days. The police has already submitted final form in which police found the above mentioned incident is true but the concerned vehicle traceless.

Considering the facts, circumstances available with record, observations and submission of learned lawyer we have no hesitation to say that the case of complainant deservers to be allowed. The said three wheeler was stolen during the covered period of insurance. The incident is proved by the final form of report of police. The O.P.s have repudiated the claim of complainant on unjustified and unreasonable ground which is deficiency in services.

Accordingly the case is allowed and O.P. is directed to pay Rs. 1,77480/- as insured sum declared amount with interest at the rate of 8% per anum from the date of theft till the date of final payment along with Rs. 25000/- as mental agony and Rs. 15000/- as litigation cost. All the payment should be made to the complainant by way of cheque or demand draft bearing account no. 940503 within 30 days of the order otherwise the complainant is entitled to recover from the process of law.