West Bengal

Bankura

CC/27/2018

Sir Paltu Acharaya - Complainant(s)

Versus

M/S Bhandari Automobile Pvt. Ltd. - Opp.Party(s)

Japan Dey

20 Jul 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 27/2018

Date of Filing: 13.04.2018

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  None 

For the O.P.1: None,  for the O.P. 2 : Ld. Advocate Chandi Charan Advaryyu & for the O.P.3: Ld Advocate Nilanjan Dasgupta

Complainant  

Sri Paltu Acharya, Vill. Sulroha, Saltora, Bankura

 Opposite Party         

1.Bhandari Automobiles Pvt. Ltd., Heavy More, Bankura

2.Claim Manager, Bajaj Allianz Gen. Ins. Co. Ltd., Block 3B Eco Space, New Town, Kolkata 700 160

3.Mahindra & Mahindra Financial Service Ltd., Senco Gold Bldg., Katjuridanga, Bankura

 FINAL ORDER / JUDGEMENT                     

                                                                                                                                      

Order No.37

Dated:20-07-2023

No step is taken by the Complainant who is found absent on repeated call.

No step is taken by O.P.1 & O.P.3.   

The O.P.2 / Insurance Co. files hazira through Advocate with written argument and list of documents.

In view of Section 38 (3) (c) of Consumer Protection Act, 2019 the Commission proceeds to decide the case on merit in absence of the Complainant after hearing argument from the O.P.2 / Insurance Co.

The Complainant’s case is that he purchased a four wheeler Maruti Omni Private car from O.P.1 financed by O.P.3 under car exchange offer bearing Registration No..WB 68 R-8788 insured with O.P.2 / Insurance Co. valid from 12/06/2016 to 11/06/2017 Policy No. being    OG-17-2410-1801-0000604. On 24/02/2017 at 7.30 a.m. the said car met with a road accident on face to face collision with a Truck bearing No. WB 67 A-7181 at Chandrakona Road, Paschim Midnapore being driven by Biswajit Chiti and Ujjal Singh & Kintan Kearia were the co-passengers and as a result of such head on collision the front portion of the Maruti Car was badly damaged and the driver Biswajit Chiti expired on the same day at Midnapore Medical College & Hospital and said Kintan Kearia also sustained severe injury. An FIR was lodged over the accident, No. being Garbeta P.S. Case No.55/17, dt.26-02-2017 u/s 279/338/304A/427 IPC and the O.P.2 was duly intimated about the accidental damage of the Maruti Car by preferring a Claim application thereafter. The damaged car was brought at the O.P.1 Service Centre for the purpose of necessary repair.

The O.P.2/Insurance Co. did not settle the Insurance claim as the complainant failed to produce requisite documents for settlement of claim in spite of several reminders. The Complainant being the owner of the said Maruti Car has approached this Commission for adequate compensation for the damaged car.

                                                                                                                                                                                   Contd……p/2

Page: 2

The O.P.2/Insurance Co. contested the case by filing a written version contending inter alia that the Complainant is not entitled to get any relief in this case as there has been delay in lodging the Claim application and furnishing requisite documents for settlement of claim.

The O.P.3/Financer Co. also contested the case by filing a separate written version without denial of the Insurance claim of the Complainant.

-: Decision with reasons: -

Having regard to the facts of the case, submission and contention and the documents placed on record by both sides the Commission finds that the Complainant has preferred Insurance claim for his damaged Private car  but not a scrap of document is forthcoming on the record as to the cost  of repair or any expenditure bill for the same. Surveyor’s report is also not forthcoming with regard to the cost of repair of the damaged car. From the FIR it clearly reveals that one Biswajit Chiti was driving the car but no Driving License of said Biswajit Chiti is on record either from the side of complainant or from the side of O.P. Insurance Co. Moreover, none of the occupants of the car at the time of accident was the relative or family member of the Complainant and so it can be safely inferred that though the insured car was for private use but it has been used other than private purpose.

 The Complainant has claimed Rs.2,24,788/- as compensation which is the Insured Declared Value (IDV) as appearing from the Policy documents and the Complainant cannot claim IDV amount as compensation  for damage of the car. IDV is applicable in case of theft or loss of the Insured car. In order to get compensation for damage of the Insured car the Complainant must bring on record the expenditure bill of repair of the damaged car. Possession of a valid Driving License is a pre-condition to get First Party Insurance claim like the damage of the car or the death of the Insured. But in this case Driving License has not been brought on record neither in the name of the deceased driver Biswajit Chiti nor in the name of any recorded driver. Said Biswajit Chiti is an un-authorized driver.

It is now settled by the decision of the Supreme Court in (2007) 3 SCC 700 (National Insurance Company Ltd Vs. Laxminarayan Dhut) that in case of a First Party Insurance claim violation of the Policy condition like un-authorized driving and un-authorized user of the car disentitles the claimant to get any compensation whatsoever.

For the reasons stated above the case miserably fails.

Hence it is ordered……..

That the case be and the same is dismissed on contest against O.P. No.2 & O.P. No.3 and ex-parte against O.P.1 all without cost.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________             _________________

HON’BLE   PRESIDENT            HON’BLE MEMBER         HON’BLE MEMBER