Karnataka

Chitradurga

CC/58/2017

G.S. Sathish, - Complainant(s)

Versus

National Insurance Company Limited, - Opp.Party(s)

08 May 2018

ORDER

COMPLAINT FILED ON:08/06/2017

DISPOSED      ON:08/05/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 58/2017

 

DATED:  8^th MAY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD., CLP   

 

……COMPLAINANT/S	G.S. Sathish, S/o Shivanandaiah, Owner of Lorry bearing No.KA-40/3549, R/o Thimmappaiahnahalli village, Challakere Taluk, Chitradurga.   (Rep by Sri.H.Srinivas, Advocate)
V/S
…..OPPOSITE PARTY	The Branch Manager, National Insurance Company Limited, Jagalur Mahalingappa Complex, P.B. Road, Chitradurga Branch.   (Rep by Sri.L. Madhusudhan, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay       Rs.8,70,000/-, Rs.25,000/- towards toeing charges, Rs.1,00,000/- towards mental agony, Rs.2,00,000/- towards loss of income, Rs.500/- per day from 01.01.2017 towards parking charges, Rs.10,000/- towards costs and such others reliefs.

2.      The brief facts of the case of the above complainant are that, he is the RC owner of lorry bearing Registration No.KA-40/3549, the same has been purchased from the financial assistance of Sriram Finance Ltd., and insured with the Sriram General Insurance Company for the period from 17.03.2016 to 16.03.2017.  After that, the complainant has changed the said policy coverage from Sriram General Insurance Co. Ltd., to M/s National Insurance Co. Ltd., by paying a premium amount of Rs.29,437/- under policy bearing No.610301/31/15/6300015527 for the period from 17.03.2016 to 17.03.2017 and the OP has given estimated own damage up to Rs.8,70,000/-.  The above said lorry was met with an accident on 17.04.2016 near Aimangala Toll, Hiriyur Taluk, by that time, the insurance company has paid the amount of Rs.23,500/- towards own damage through NEFT to Canara Bank account No.0698101036690 on 26.05.2016.  Further the above said vehicle again met with an accident on 19.09.2016 near Gollahalli gate, Aimangala P.S limits.  Due to the same, the vehicle was entirely damaged and after the accident, the complainant has intimated the same to the OP Company.  The OP Company has appointed one surveyor by name B.V. Kumara Swamy and the said surveyor has issued a letter on 18.10.2016 to the complainant for clarification of the engine number.  After the accident, the complainant has toed his vehicle to Leyland Showroom which is situated at Chitradurga.  The complainant has send reply to the surveyor letter dated 10.10.2016 on 19.01.2017 to his residential address, for that, the surveyor has refused to accept the said courier which has been sent by the complainant.  The surveyor and the insurance company officers are deliberating and avoiding the letters of the complainant and made him to suffer more loss from the said act.  Again the complainant has sent a letter through RPAD to the OP for clarification of the notice issued by the surveyor and also requested the OP insurance company to settle the claim, the same has been served to the OP insurance company.  The OP Company has sent another letter to the complainant on 16.01.2017 to furnish FIR, charge sheet, wound certificate and also letter dated 18.10.2016 to the OP.  The complainant has given documents to the OP on 08.02.2017.  Again on 28.04.2017, the OP has issued a letter to the complainant asking for documents and also for reply to the notice of surveyor dated 10.10.2016.  The complainant has issued a letter to the OP on 07.04.2017 through DTDC courier and intimated the clarification regarding their letter dated 24.02.2017, even inspite of letter, the OP company has not settled the claim.  After that, the complainant has shifted his vehicle to DMT oil Mill, Challakere from 01.01.2017, the complainant has paid Rs.500/- for parking charges to the owner of said oil mill.  After that the complainant kept the said vehicle in TVS Sundaram Leyland Motors at Chitradurga till 31.12.2016, the complainant and his family members were fully depending upon the income of the said lorry, the same has been purchased for his livelihood.  The complainant is not in a position to repay the loan amount or installment amount to Sriram Finance Co. Ltd., and he became a defaulter.  Even if, the complainant is violated any terms and conditions of the policy, the OP has to settle the claim on non-standard basis as per well settled principles of law.  The cause of action for this complaint arose on 19.09.2016 when the date of accident and subsequently on 16.01.2017, 08.02.2017, 24.02.2017 and on 07.04.2017, the date on which the complainant has issued a letter to the OP insurance company which is within the jurisdiction of this Forum.  Therefore, the complainant respectfully prayed before this Forum to allow her complaint with cost. 

3.      After issuance of notice to the OP, OP appeared through Sri. L. Madhusudhan, Advocate and filed version.  As per the version of the OP, the OP has agreed that, the complainant is the RC owner of the vehicle bearing Registration No.KA-40 3549 and further agreed that, the complainant is having chassis No.MNA 089740 and Engine No.MNH 521192.  But, the complainant intentionally and deliberately did not mentioned chassis number and engine number of the vehicle and mentioned only registration number of the vehicle with an ulterior motive for unlawful gain.  It is true that, the OP has issued policy for the vehicle bearing Registration No.KA-40 3549 with chassis No.MNA 089740 and engine No.MNH 521192 covering the risk for the period from 17.03.2016 to 16.03.2017 for an IDV of Rs.8,70,000/- subject to terms and conditions mentioned in the policy.  It is noticed that, the vehicle bearing No.KA-40 3549 is having punched engine No.ZPH-462858 and whereas in the smart card and RC Book the engine Number is MNH-521192 and not the ZPH-462858.  After the accident, the complainant has intimated the same to the OP, the OP appointed one surveyor B.V. Kumara Swamy for inspection of the vehicle.  As per the report submitted by the surveyor, he is asking the complainant for furnishing the details of the engine No.ZPH462858 but, the complainant never produced the details of the above engine number.  The main repudiation of the OP is that, the engine number is different from the RC and policy number, hence the OP is not entitled for any compensation and there is no deficiency in service on the part of OP and prayed for dismissal of the complaint.

4.      The complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-14 were got marked and closed his side. On behalf of OP, one Sri.B.L. Palanna, A.A.O of the OP has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to B-8 documents have been got marked and closed its side.    

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, OP has committed deficiency in service in not settling the claim of the complainant due to the accident and further proves that, the engine number in the vehicle is one and the same as mentioned in the RC and policy and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant is the RC owner of lorry bearing Registration No.KA-40/3549, the same has been insured with the Sriram General Insurance Company for the period from 17.03.2016 to 16.03.2017.  After that, he has changed the said policy coverage from Sriram General Insurance Co. Ltd., to M/s National Insurance Co. Ltd., and paid premium amount of Rs.29,437/- under policy bearing No.610301/31/15/6300015527 for the period from 17.03.2016 to 17.03.2017 and the OP has given estimated own damage up to Rs.8,70,000/-.  The said lorry was met with an accident on 19.09.2016 near Gollahalli gate, Aimangala P.S limits.  The   intimated the same to the OP company.  The OP appointed one surveyor by name B.V. Kumara Swamy and the said surveyor submitted a report.  As per the report, the engine number in the vehicle is different from the RC and policy and after receiving the report from the surveyor, the OP has issued a letter to the complainant to clarify the engine number which is different from the RC and policy.  The complainant has clarified the same to OP.  At the time of accident, the policy was in force, the registration number of the vehicle is tallied with the policy and RC book. Mere change in the engine number is not the main ground to repudiate the claim of the complainant. 

9.      We have gone through the entire documents, affidavits and as per the documents produced by the complainant, which clearly shows that, mere change of engine number of the vehicle is not the main ground to dismiss the case of the complainant.  The OP has taken a contention by believing the letter of surveyor, that the engine number is different from the RC and policy.  The surveyor has not taken any contention for repudiation of the claim.  Mere change of engine number is not a criteria to repudiate the claim.  The exhibits produced by the complainant and the OP shows that, the policy was in force at the time of accident.  So, when the policy was in force and the same is admitted by the OP Company, the question of repudiation of the claim does not arise.  The IDV of the said vehicle is Rs.8,70,000/- as on the date of accident.  After depreciation, the OP is liable to pay a sum of Rs.5,00,000/- with interest.   Due to the accident, the vehicle was not on roadworthy condition and the same has been kept idle.  Therefore, complainant is not in a position to repay the loan amount or installment amount to Sriram Finance Co. Ltd., and he became a defaulter.  Even if, the complainant is violated any terms and conditions of the policy, the OP has to settle the claim on non-standard basis as per well settled principles of law.  As on the date of accident, the policy was in force.  Therefore, the complainant is entitled to get compensation to the tune of Rs.5,00,000/-.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

            It is ordered that the OP is hereby directed to pay a sum of Rs.5,00,000/- to the complainant along with interest @ 9% p.a from the date of complaint till realization.

            It is further ordered that, the OP is hereby directed to pay a sum of Rs.15,000/- towards toeing charges, Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant. 

            It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 08/05/2018 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

DW-1:  Sri. B.L. Palanna, A.A.O of OP by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Policy
02	Ex.A-2:-	FIR
03	Ex-A-3:-	Letter dated 18.10.2016 by surveyor to complainant
04	Ex-A-4:-	Letter dated 16.01.2017 by complainant to OP
05	Ex-A-5:-	Estimation
06	Ex-A-6:-	Letter dated 16.01.2017 to complainant by OP
07	Ex-A-7:-	Letter dated 08.02.2017 by OP to complainant
08	Ex-A-8:-	Postal receipt
09	Ex-A-9:-	Final reminder
10	Ex-A-10:-	Letter dated 07.04.2017 by complainant to OP
11	Ex-A-11:-	Courier receipt
12	Ex-A-12:-	Unserved courier cover
13	Ex.A-13:-	RC
14	Ex.A-14:-	Bank Pass Book
15	Ex.A-15:-	Chargesheet
16	Ex.A-16:-	FIR
17	Ex.A-17:-	Spot panchanama
18	Ex.A-18:-	Motor vehicles accident report

 

Documents marked on behalf of OP:

01	Ex-B-1:-	Claim Form
02	Ex-B-2:-	Final reminder
03	Ex.B-3:-	Photos
04	Ex.B-4:-	Final survey report
05	Ex.B-5:-	Photos
06	Ex.B-6:-	Certificate of insurance
07	Ex.B-7:-	2nd reminder
08	Ex.B-8:-	CD

 

 

 

MEMBER                                                            PRESIDENT

Rhr**