DATE OF DISPOSAL: 12.01.2021
Dr. Aswini Kumar Mohapatra,President:
The complainant had filed this complaint alleging deficiency in service regarding nonpayment of insurance amount of insured stolen Hero Honda vehicle against the O.Ps and praying to cost and compensation.
2.The complaint case is summarized hereunder:
The complainant is the registered owner of the Hero Honda Passion Pro 100 CC Motor Cycle vide Regd. No. OR-07-U-7027. It was insured under O.Ps bearing Policy No.1-64-LJFRJ P-400 the validity of the said policy was in force up to 23.06.2017 but unfortunately the said insured vehicle was lost on theft within the insurance coverage period on dated 31.10.2016 at about 9.30P.M. The incident has been intimated to the local police and registered the same as P.S. Case No. 187/2016 under Section 397 IPC. The same incident informed to the Insurance Authority (O.P.) and submitted claim form for his insurance claim but the O.P. rejected the claim as not admissible. Hence the complaint.
3. Upon notice the Lr. counsel for the O.P. appeared and filed written version ground stated therein to dismiss the case. while the case was in the process of hearing and argument amidst during the course of hearing both the parties were present and filed hazira accompany with a joint compromise memo stating therein that the complainant is agreed to settle the insurance claim if the O.P. shall pay an amount of Rs.15,000/- towards full and final satisfaction of the claim and the O.Ps also agreed to pay such amount to the complainant to settle the dispute with a order to that effect from the Forum. Both the complainant as well as O.Ps are agreed to abide to the above terms and conditions and signed the memo on mutual consent to file this joint compromise petition. Heard both the parties. Perused the memo. Considering the facts and circumstances of the case the memo is allowed.
Resultantly the O.Ps are directed to pay an amount of Rs.15,000/- to the complainant and further the complainant is directed to cooperate the O.Ps by adhere to the terms and condition of the compromise memo. The above order shall comply by the O.Ps within one month from receipt of this order.
The order is pronounced on this day of 12th January 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.