Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the insured amount of Rs. 49,547/- along with 12% interest.
- To direct the opposite parties to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as Compensation as well as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased an insurance policy being policy no. 17080031096200002701 with opposite party no. 1 against vehicle no. BR – 01AT – 5502. The insured amount was of Rs. 49,547/-. The date of operation of the aforesaid policy was from 22.01.2010 to 21.01.2011 as will appear from annexure – 2.
It is further case of the complainant that on 26.10.2010 he parked his aforesaid vehicle in motor cycle parking stand situated at Patna railway Junction with opposite party no. 2 who has issued a ticket for the same as will appear from annexure – 3.
It is further case of the complainant that during the life of the policy the aforesaid motor cycle was stolen from the aforesaid parking. On 29.10.2010 when the petitioner returned after four days date he found his motor cycle missing. Thereafter staff of opposite party no. 2 assured that the aforesaid motor cycle will be traced very soon and when the aforesaid motor cycle could not be traced by opposite party no. 2 then the complainant lodged FIR with railway Police Station Patna Junction being case no. 457/10 dated 05.11.2010 U/s 379 IPC against unknown persons. After investigation the police has submitted final form stating that the occurrence is true but no clue. The aforesaid final report was accepted by Learned railway Magistrate as will appear from annexure – 4.
The grievance of the complainant is that when he filed claim application then the opposite party no. 1 has rejected the claim of opposite party no. 3 as will appear from annexure – 1.
On behalf of opposite party no. 1 a written statement has been filed stating therein that the complainant returned from Delhi on 29.10.2011 but the FIR was lodged on 05.11.2011 i.e. after delay of 11 days. In Para – 3 of the written statement following facts have been asserted, “it is also important to point out that the annexure – 3 of the complaint case which is the token issued by the parking authority of the scooter/motorcycle stand clearly speaks that it is meant for the help for daily passengers only. It is not the place where the vehicle can be left unattended without handed over the vehicle in a safe hand therefore the statement of the complainant in column no. (b) is absolutely wrong and denied.”
Heard the learned counsel for both the parties.
It is needless to say that parking stand at Patna Railway Station is authorized place where passengers or daily passengers park their motor cycle after paying parking charge fixed by the authority.
The opposite party has stated that it is ment for daily passengers. In our opinion daily passengers includes passengers also because when a person travels by train he is called passenger.
It is needless to say that when complainant returned and found his vehicle missing and opposite party no. 2 assured to trace the vehicle in question within few days. Then, it was normal behavior of a man to wait for some time so that the opposite party no. 2 may search the vehicle from his own agency and when the motor cycle could not be traced by opposite party no. 2 then the complainant had lodged the FIR.
In our opinion, the complainant acted bonafidely rather acting hastly with intention to realize the insured amount from opposite party no. 1. The conduct of the complainant shows his bonafide behavior which must be appreciated. The police has submitted the final form which has been accepted by the railway magistrate thus there is no doubt about the occurrence. The policy documents is also admitted by opposite party.
In our considered view the rejection of claim of the complainant by opposite party no. 1 disclose deficiency on the part of opposite party no. 1.
Hence we direct opposite party no. 1 to pay the insured amount i.e. Rs. 49,547/- ( Rs. Forty Nine Thousand Five Hundred Forty Seven only ) within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 1 will pay 10% interest on the above said amount of Rs. 49,547/- ( Rs. Forty Nine Thousand Five Hundred Forty Seven only )till its final payment.
Opposite party no. 1 is further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
