Jharkhand

Bokaro

CC/18/163

Manish Kumar - Complainant(s)

Versus

National Insurance Co. Ltd. - Opp.Party(s)

B.K. Tiwary

17 Apr 2023

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-28-12-2018

Date of final hearing-17-04-2023

 Date of Order-17-04-2023

Case No. 163/2018

Manish Kumar S/o Parmeshwar Prasad

 B.S.L Jhopri Colony, P.O. Siwandih, P.S. Marafari, District- Bokaro

Vs.

National Insurance Company

Check Post Chas, P.O. and P.S.- Chas, District- Bokaro

 

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s  case in brief is that he purchased Piyagio Diesel Auto (Tempo) No. JH-09AH-1455 on 25.08.2017 on Rs. 2,25,000/- which was insured with O.P. for the period from 13.09.2017 to 12.09.2018 meanwhile on 05.10.2017 it was stolen away by some unknown thief for which Marafari P.S. Case No. 66/2017 was registered in which Police has submitted FRT, which was accepted by the Court of SDJM, Bokaro on 12.01.2018. Further case is that inspite of submission of all documents before the insurance Co. no action was taken rather only assurance was given and lastly compensation has been denied hence this case has been filed with prayer to direct the O.P. to pay Rs. 2,25,000/- with interest.
2. O.P. has filed W.S. denying the allegation. Issuance of Insurance policy has been admitted by the O.P. but it has been denied that any claim has been filed by the complainant before this O.P. Further reply is that complainant failed to prove that when and what document he had submitted before the O.P. for settlement of insurance claim. Rest of the contents of the complaint petition have been denied.
3. Point for consideration is whether complainant is able to prove its case for grant of relief as prayed?
4. To prove its case complainant has produced photo copy of Adhar Card Annexure-1, photo copy of Temporary permit  Annexure-1/1, photo copy of Certificate of Fitness  Annexure-1/2, photo copy of Application dt. 13.09.2018 filed before O/C Marafari  Annexure-1/3, photo copy of Application dt. 04.08.2018 addressed to O/C Marafari  Annexure-1/4, photo copy of Affidavit Annexure-1/5, photo copy of Certificate of Registration Annexure-1/6, photo copy of Proforma Challan Annexure-1/7, photo copy of Certified Copy of order sheet dt. 12.01.2018 of the Court of SDJM, Bokaro passed in Marafari P.S. Case No. 66/2017, FIR of that very case, FRT of that very case Annexure-1/8 to 1/15, photo copy of delivery note of the vehicle Annexure-1/16, photo copy of money receipt Annexure-1/17 and photo copy of Insurance policy related to Tempo concerned to Annexure-1/18. Except above noted papers no any other evidence either oral or documentary has been produced by the complainant to prove that he has applied before the O.P. for settlement of his Insurance claim and it has been refused or denied. Therefore, we are of the view that this case is liable to be disposed off  with certain directions.
5. Accordingly case is being disposed off with direction to O.P. National Insurance Co. Ltd.  to dispose off the claim (if any pending  before it) within one month from production/receipt of the copy of this order. In the facts and circumstance of the case parties shall bear their own costs.

 

(J.P.N. Pandey)

                                                                                      President

 

 

(B.P.L Das)

   Sr. Member

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member