Order No.  25    Dated  29-10-2015.

       The case of the complainant in short is that complainant is a vehicle owner being regn. no.NLOIK / 1085 (Trailer) and insurance policy holder of o.p.

            In the month of Oct. 2011, complainant purchased trailer from Tata Motors and aforesaid vehicle insured from o.p. being policy no.3379/00624436/000/00 and certificate no.3379/00624436/00/00 which is valid from 13.10.11 to 12.10.12.

            Aforesaid vehicle being no.NLOIK/1085 (Trailer) met an accident on 20.2.12 an aforesaid vehicle is badly damaged.

            Complainant immediately informed to o.p. regarding accident and damaged aforesaid vehicle on 20.2.12.

            Complainant got a reference no.901420 dt.20.2.12, which is issued by o.p. regarding complaint and information about accident of the aforesaid vehicle.

            Complainant also lodged a complaint to concern police station regarding aforesaid accident and damaged the vehicle being M.C.R. No.21/12 dt.22.2.12 under South Port P.S.

            Thereafter o.p. sent a surveyor for inspection of the aforesaid damaged vehicle and submitted his report to o.p.

            Complainant also took quotation of Rs.5,54,000/- from M/s. French Motors for repairing the damaged vehicle and duly submitted to o.p.

            Complainant requested several times to o.p. for repairing the said damaged vehicle but no responses from other side.

            Complainant gave a letter dt.4.4.12 for repairing the said damaged vehicle but all in vain and o.p. did not response till today. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.

Decision with reasons:

            Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

            It appears from the record that o.p. submitted that there is no provision in the policy of insurance by virtue of which complainant can claim the same as a matter of right, as such payment of cashless claim is only a special arrangement between some repairing centres and o.p. and complainant is even not a party to the same and for the same reason complainant is not entitled to the alleged expenses as stated in para 15 of the petition of complaint.

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that Complainant also lodged a complaint to concern police station regarding aforesaid accident and damaged the vehicle being M.C.R. No.21/12 dt.22.2.12 under South Port P.S. Complainant also took quotation of Rs.5,54,000/- from M/s. French Motors for repairing the damaged vehicle and duly submitted to o.p. Complainant gave a letter dt.4.4.12 for repairing the said damaged vehicle but all in vain and o.p. did not response till today. Complainant paid salary of Rs.8000/- per month to driver, paid salary of Rs.4000/- per month to khalasi beside that complainant paid khoraki (tea, tiffin and food) Rs.300/- per day to driver and khalasi.

            In view of findings above and on perusal of the entire materials on record we find that complainant failed to file cogent documentary evidence in support of his contention so far as claim of complainant is concerned. Accordingly this Forum holds that complainant has failed to substantiate and prove his case and is not entitled to relief.

            Hence, ordered,

            That the case is dismissed on contest without cost against the o.p.

            Supply certified copy of this order to the parties free of cost.