Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 25.06.2018
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 full amount i.e. Rs. 29,391/- incurred on car with interest.
- To direct the opposite parties to pay of Taxi Charges, hired by complainant since 13.01.2009 Rs. 8,100/-.
- To direct the opposite parties to pay Rs. 50,000/- as compensation.
- To direct the opposite party to pay Rs. 5,000/- as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that on 11 January 2009 while he was going to Zoological garden, Patna along with his family members in his new Tata Indigo car bearing registration no. BR – 01Y – 8710, the aforesaid vehicle was dashed by a Tata Indica car in the way. Thereafter, people assembled there and caught the said Tata Indica Car bearing registration no. BR – 1T – 7026 which was driven by one Parag Jain. After the aforesaid occurrence, the complainant brought back his family members at home and all were treated by family doctor of internal chest pain etc. Thereafter, the complainant lodged his complaint with National Insurance Company Ltd., Frazer Road, Patna on 12.01.2009 and inspection was done of the vehicle and vehicle was brought back to complainant for repair work. On 12.01.2009 surveyor of opposite party no. 3 inspected the vehicle itself as well as in work shop and submitted his report to the company. The complainant, also as per instruction of the opposite party, informed the traffic police station, Patna on 13.01.2009 who got MUI done on the same day and thereafter car was taken to opposite party no. 4 for repair. The aforesaid damaged car of the complainant was verified by the surveyor of the opposite party company who prepared the assessment report of the said loss. After getting his car repaired opposite party no. 4 gave a bill of Rs. 29,391/- which was paid by the complainant as will appear from annexure – 2 and 2/A. After completing all the aforementioned formalities when the complainant approached opposite party no. 3 for insurance amount then he was offered only Rs. 12,600/-. The complainant protested but the insurance company refused to redress his grievance.
The complainant has asserted that his insurance policy bearing no. 170801/31/08610001142 is effective from 27.05.2008 to 26.05.2009 while the vehicle met accident on 11.01.2009 and insurance claim was filed on 12.01.2009 and as such upto 10.02.2009 the complainant used taxi on hire. The complainant wrote several protest letter as will appear from annexure – 3 and 4 series but his grievance has not been redressed.
On behalf of opposite parties a written statement has been filed admitting the accident and damage of the car. It has been stated that the claim of the complainant has been settled for Rs. 12,600/- and cheque has already been prepared on 19.02.2009 in the name of complainant but the complainant for reason best known to him did not returned for receiving the same.
It has been further stated that insurance company deputed surveyor Balbir Singh who vide annexure – 1 and 2 (of written statement) has assessed the loss to the tune of Rs. 12,692/-.
It has been further stated that insurance company examined the surveyor report and computed the net liability as per terms and conditions of the insurance policy for Rs. 12,600/- and approval was made by competent authority as will appear from annexure – 3 and 3/1.
It has been further asserted that disbursement voucher of Rs. 12,600/- was sent to the insured on 08.04.2009 to sign the same and send to the insurance company as will appear from annexure – 4 and 4/1.
A rejoinder has been filed on behalf of the complainant stating therein that in the survey report scale and standard opted by the surveyor is having no ground reality rather the same were fictitious and imaginary only.
It has been further stated that due to attitude of the opposite parties the complainant has put to mental harassment and pecuniary loss.
It has been further stated that by raising the issue of arbitration in respect of quantum of amount settled by the opposite parties the same is incorrect and it has been done with a purpose to mislead the forum.
Heard the learned counsel for the parties.
The accident is admitted, insurance policy is admitted and it is also admitted that the claim of the complainant had been settled for Rs. 12,600/- as per report of the surveyor.
From careful perusal of bill issued by authorized workshop (vide annexure – 2) it appears that there are total thirteen items besides sale tax etc. and as such the total repair cost has been shown to the tune of Rs. 29,391/- but from survey report only three parts have been mentioned and on parts 50% has been made less and on some of the parts 35% has been made less. No reason has been assigned for the same and as such it seems arbitrary.
In our opinion the bill of authorized workshop appears to be genuine and trust worthy and it appears that estimate of all damaged parts has been made at the rate of 50% of the market price and no reason has been given.
It goes without saying that although the report of surveyor is important piece of evidence but it is not gospel truth and it is not the last and final word. The occurrence belongs to 2009 and it is now 2018. The complainant has to suffer much due to conduct of opposite parties.
In our opinion that by not settling claim as per bill of the opposite party no. 4 and making less of the 50% amount on parts etc. without assigning reason the opposite parties have committed grave deficiency. It might be possible that some of the parts were of plastic etc. which is not payable but this must be made clear. However we have taken into consideration these facts also and as such we are passing order with restrain.
Hence, we direct the opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% on the above said amount of Rs. 25,000/- ( Rs. Twenty Five Thousand only ) till its final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two month.
Accordingly this complaint stands allowed to extend referred above.
Member President
