DATE OF FILING : 24-09-2014
DATE OF S/R : 29.12.2014.
DATE OF FINAL ORDER : 18-01-2016
Sri Shiba Prasad Jana,
son of Sasanka Jana,
residing at village Kamalpur, P.O. Radhapur, P.S. Shampur,
District Howrah,
PIN 711314. …………………… ……………………………….. COMPLAINANT.
- National Insurance Company Limited,
Having its office at
3, Middleton Street, Post Box 9229,
Kolkata 700071.
2. The Branch Manager,
National Insurance Company Limited,
Uluberia Branch, near Uluberia Bazar, P.O. & P.S. Uluberia,
District Howrah,
PIN 711315. …………………...…………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Shiba Prasad Jana, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. to pay Rs. 3,60,322/- as maturity amount of the policy in question, to pay Rs. 1,00,000/- as compensation along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant is running one goods carriage vehicle bearing registration no. WB-29A-0333 for earning his livelihood . The said vehicle was insured by O.Ps. vide policy No. 153504/31/12/6300012286 for the period of 18-02-2013 to 17-02-2014 which was also renewed for the subsequent period on payment of requisite premium vide annexure. On 11-09-2013 his said vehicle met with an accident while it was trying to save a cow on the road, which was also registered with the local P.S. bearing No. M.A/1/2013 dt. 16/09/2013 vide annexures. Thereafter complainant repaired the said vehicle at his cost and submitted his claim letter before O.Ps. on 16/09/2013 vide annexure. For assessing actual loss of the said vehicle, one loss assessor was also engaged who submitted his report in the form of ‘Note of Acceptance’ vide annexure, suggesting replacement of different spare parts of the said vehicle. Thereafter complainant even submitted a xrox copy of his cheque leaf so as to enable O.Ps. to transfer the claim amount to the bank A/c of the complainant. But O.P.s remained silent. So, being frustrated and finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.
- Notices were served. But they never appeared and filed any written version. Accordingly, case was heard ex parte.
- Two points arose for determination :
- Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- We have carefully gone through the complaint petition along with annexures and noted their contents. Complaint is the owner of the vehicle in question. From the annexure, ‘Note of acceptance’, we find surveyor/ Loss Assessor suggested the replacement of some parts of vehicle which are as many as 16 in numbers along with a total amount of ₹ 30,000 towards labour charges and towing charges. Complainant has filed the bills dt. 26-12-2013 showing the cost of repairing. The total amount of two bills dt. 26-12-2013 is ₹ 83970 + ₹ 48,180 = Rs. 1,32,150/- which O.P.s did not pay till date. It is to be mentioned here that complainant is entitled to get only the actual expenditure and not the entire insured amount from O.Ps. But it is our common knowledge that someone has to submit a proper claim form before the insurance company annexing all actual bills showing the cost of repairing. But there is no document submitted by complainant to establish his case that he, at all, submitted any claim form before O.Ps. duly filled in with all necessary information excepting a claim letter dated 16.09.2013 when the vehicle was yet to be repaired without mentioning the actual cost of repairing. Because actual cost of repairing is appearing only in the bills dated 26.12.2013 when the vehicle was actually repaired. However, O.Ps. have not appeared before this Forum and filed any W/V to contest the case. So, we are of candid opinion that it is a fit case where the prayers of the complainant shall be allowed.
Hence,
O R D E R E D
That the C. C. Case No. 527 of 2014 ( HDF of 201 ) be allowed ex parte with costs against the O.Ps.
That the O.Ps. are jointly and severally directed to pay Rs. 1,32,150/- to the complainant within one month from this date.
No order as to compensation.
The o.ps. are directed to pay Rs. 2,000/- as litigation costs.
That the o.ps. are further directed to pay the entire amount of Rs. 1,34,150/- to the complainant within one month from the date of this order i.d., the aforesaid amount shall carry an interest @ 8% per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
