Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 29.02.2016
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 Insurance Claim of Rs. 44,200/- along with interest @ 18% to the complainant as damage caused to the vehicle of the complainant during a valid insurance policy period.
- To pay Rs. 40,000/- ( Rs. Fourty Thousand only ) as compensation.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
It is the case of the complainant that complainant is the owner of a vehicle ( Bolero Pickup ) bearing no. BR – 01 – GA – 4850 which he has purchased after taking loan from Bank of Baroda for earning his livelihood. He has taken Insurance Policy bearing No. 170589/31/10/6300001974 from National Insurance Company Ltd. branch office commercial house, Kankarbagh ( Opposite party no. 3 ) on 09.06.2010 which was valid from 09.06.2010 to 08.06.2011. The aforesaid vehicle met an accident on 18.02.2011. Thereafter, the complainant informed the police and the concerned police had registered a Sanha. Thereafter the complainant approached the Insurance Company regarding his claim including an estimate cost of repair of Rs. 44,200/- with police report dated 18.02.2011. After applying for insurance claim the surveyor made survey of accidental vehicle in question.
Thereafter complainant approached the office of opposite parties several times but nothing had been paid. Thereafter, the complainant gave legal notice to the opposite parties but for no result.
It goes without saying that when despite registered notice opposite parties did not appeared then vide order dated 14.02.2013 Tamila was declared valid and vide order dated 02.05.2013 a direction was passed for hearing the case on exparte.
We have allowed several adjournments and when no body turned up then vide order dated 30.11.2015 the case was heard exparte.
We have also gone through annexures. Annexure – 1 is owner book, annexure – 11 certificate of insurance which is valid from 09.06.2010 to 08.06.2011, annexure – 2 is Sanha dated 18.02.2011, annexure – 5 is estimate and annexure – 4 is application to insurance company in prescribed Performa annexure – 12 is legal notice.
In whole of complaint petition, it has not been asserted that complainant has actually paid Rs. 44,200/- or not because annexure – 4 is only estimate receipt, hence we think it proper not to pass any specific order for the present.
However as there is no counter version, we are forced to rely on the facts asserted by the complainant which clearly disclose deficiency on the part of opposite parties.
From the complaint petition it further transpires that despite applying in prescribed form for insurance the opposite parties have not passed any order.
Hence we direct opposite parties jointly and severally to pass appropriate order on the Insurance claim i.e. annexure – 5 filed by the complainant within two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay Rs. 50/- per day for delay in passing the order till the final order is passed.
Opposite parties are further directed jointly and severally to pay Rs. 3,000/- ( Rs. Three thousand only ) to the complainant by way of compensation and litigation costs within the period of two months for not passing any order on the aforesaid complaint petition or informing the complainant about action taken on the aforesaid order or application.
Accordingly, this complaint petition is disposed off as per direction made above.
Member President
