Chandigarh

DF-II

CC/625/2015

Chander Jain - Complainant(s)

Versus

M/s Shriram General Insurance Company Ltd., - Opp.Party(s)

Chetan Gupta Adv.

06 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	625 of 2015
Date  of  Institution	:	29.10.2015
Date   of   Decision	:	06.12.2016

 

 

 

 

 

Chander Jain s/o Sh.Mangat Ram Jain, Proprietor, Jain Transport Company, 14, Nanhera, Kuldeep Nagar, Ambala Cantt., Haryana 133004

 

             …………..Complainant

 

Versus

 

1]  M/s Shriram General Insurance Company Limited, SCO 178, Ist Floor, Sector 38-C, Chandigarh 160038 through its Branch Manager.

 

2]  M/s Shriram General Insurance Company Ltd., E-8, EPIP,RICO, Sitapura, Jaipur, Rajasthan 302022 through its authorised signatory.

 

 

 …………… Opposite Parties

 

BEFORE:  SH. RAJAN DEWAN           PRESIDENT

                                MRS. PRITI MALHOTRA       MEMBER

SH.RAVINDER SINGH          MEMBER

           

 

Argued By: Sh.Hitender Kansal, counsel for the complainant

Sh.Vinod K Arya, Counsel for OPs.

 

 

PER RAVINDER SINGH, MEMBER

 

                                 The facts in issue are that the complainant took ‘GCCV-Public Carriers other than three wheelers Package Policy-Zone C’ vide Policy No.105009/31/15/003000 in respect of vehicle SML ISUZU Sartaj-3335WV (Medium Goods Vehicle) bearing Regd. No.HR-37-D-4149 from OPs on 4.9.2014 by paying premium of Rs.22,457/- and it was effective from 4.9.2014 to 3.9.2015.  The complainant has stated that on 11.3.2015 at 9.30 PM, the said vehicle No.HR-37-D-4149 met with an accident near Phillaur (Punjab) and struck another truck standing nearby.  The driver of the insured vehicle allegedly ran away from the site, just after the accident.  The complainant further stated that on 12.3.2015, he sent his own personal car driver Mr.Ashok for verification of information about the accident and also requested his agent at Ludhiana namely Jaspreet Singh to reach at the place of accident and intimate the insurance company about the claim arisen out of this accident.  Admittedly,  Mr.Jaspreet Singh and Mr.Ashok along with Gurpreet Singh, Helper, who was in the vehicle in question at the time of accident, collected together at the place of accident and informed insurance company/OPs about the accident. The complainant has stated that they inadvertently informed the OPs i.e. Insurance Company that Mr.Ashok Kumar was driving the insured vehicle at the time of accident on 11.3.2015, when actually Mr.Sudhir Kumar was the driver of the insured vehicle, when it met with an accident on 11.3.2015. The complainant got his vehicle repaired at the cost of Rs.98,344/-. The complainant has stated to have provided all the requisite documents to the opposite parties as and when asked for, but his claim on account of damage to his vehicle not settled so far.

         The complainant has further stated that his vehicle No.HR-37-D-4149 again met with an accident on 17.6.2015 at Ambala.  The FIR was lodged on 19.6.2015. The complainant got his vehicle again repaired at his own cost by paying Rs.1,66,413/- and his claim was, however, allowed by the OPs for only Rs.1,10,282/-. 

         The complainant has filed the present complaint for claiming an amount of Rs.98,344/- on account of repair of his vehicle No.HR-37-D-4149 on account of accident occurred on 11.3.2015 and Rs.56,131/- being the balance amount of second claim on account of accident occurred on 17.6.2015, along with compensation of Rs.1.00 lakh on account of harassment and mental agony and Rs.51,000/- as cost of litigation etc. 

 

2]       Notice was issued to the OPs. The Opposite Parties NO.1 & 2 filed a detail written statement controverting the contentions as raised by the complainant in the complaint.

         It is stated in the written statement that the name of Ashok Kumar, driver of the offending vehicle No.HR-37-D-4149, was intimated by the complainant’s person, who was working and travelling as Helper on the said vehicle at the time of accident on 11.3.2015.

         It is also stated that on receipt of information, the OPs appointed Chhatwal and Associates Insurance Surveyor and Loss Assessor, who deputed Inderpal Singh, as Surveyor to assess the loss.  The Surveyor enquired about all the facts about the accident of the vehicle and prepared survey report and estimate. He personally met Helper Gurpeet Singh at the place of accident, who disclosed him that Ashok Kumar, who has no valid driving license to drive transport vehicle, was actually driving the insured vehicle when the accident took place on 11.3.2015.

         It is further stated that the Surveyor has correctly prepared the estimate report of vehicle Regd. No.HR-37-D-4149 on account of damage in accident dated 17.6.2015 and accordingly the claim of Rs.1,1,282.30 was paid to the complainant, less Rs.56,130/- as per evaluation of depreciation, as per norms and regulations applicable thereto, which is correct and valid.  The OPs have also challenged the complaint on ground of territorial jurisdiction before District Forum, Chandigarh.  The OPs have stated that there was no deficiency on their part and prayed for dismissal of the complaint.

 

3]       The complainant also filed rejoinder reiterating contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have examined the entire evidence & documents on record thoroughly.  

 

6]       The vehicle SML ISUZU Sartaj-3335WV (Medium Goods Vehicle) bearing Regd. No.HR-37-D-4149 of the complainant met with an accident on 11.3.2015 at Phillaur (Punjab). The said vehicle in the accident struck another truck standing nearby, as mentioned in Para NO.3 of the complaint.  The insured vehicle collided with another vehicle in the accident on 113.2015, but no FIR or DDR allegedly lodged with the local police by the complainant or Sh.Gurpreet Singh, Helper, who was traveling in the said vehicle at the time of accident.  Admittedly, Sh.Gurpreet Singh, who was working as Helper and travelling in the insured vehicle at the time of accident and Jaspreet Singh, an Agent from Ludhiana and one Ashok, Driver, all working for the complainant and were present there at the place of accident on 11.3.2015 as well as on 12.3.2015 early morning, and they informed the OPs/Insurance Company that Ashok Kumar was driving the insured vehicle at the time of accident.  The complainant later retrieved their statement and stated that Mr.Sudhir was actually driving the said vehicle.  The Surveyor, who has prepared the Survey Report and estimate, has however, reported that the insured vehicle was actually driven by Ashok Kumar, at the time of accident.  Keeping into view above controversial reports, the OPs have asked for all relevant complete documents from the complainant for their consideration with reference to claim of complainant for compensation which led to the delay.  As per evidence on record, the OPs have not disposed of the matter.  They have neither allowed nor repudiated the claim so far. 

 

7]       However, the claim of the complainant on account of damage to his vehicle in another accident on 17.6.2015, has been considered by the Opposite Parties.  After computation of value of depreciation of parts etc. and as per report of the Surveyor/Annexure R-I, the complainant ahs been paid an amount of Rs.1,10,282/- accordingly, as permissible under rules applicable thereto.

 

8]       The Insurance Policy No.105009/31/003000 (Ann.C-4) was issued by OPs through their office at SCO 178 (First Floor), Sector 38-C, Chandigarh, and as such, the District Consumer Disputes Redressal Forum, Chandigarh has territorial jurisdiction to hear and decide the complaint. 

 

9]       Keeping in view the above, the complaint filed by the complainant stands disposed of with direction to the OPs to consider/decide the matter in right perspective and the claim of the complainant regarding compensation on account of damage to vehicle Regd. No.HR-37-D-4149 in accident on 11.3.2015 near Phillaur (Punjab), by a well reasoned order within 30 days from the date of receipt of this order.  The further claim of the complainant for Rs.56,131/- with reference to accident dated 17.6.2015 of his vehicle No.HR-37-D-4149, is declined being untenable.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

6^th December, 2016                                                                        Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER