Punjab

Sangrur

CC/663/2017

Gurjit Singh - Complainant(s)

Versus

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

Sh. Udit Goyal

04 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                               

               

                                                Complaint No.  663

                                                Instituted on:    13.12.2017

                                                Decided on:       04.06.2018

 

 

 

Gurjit Singh aged about 40 years son of Sh. Jaswant Singh, resident of Village Balian, Tehsil Dhuri, Distt. Sangrur.

                                                        …Complainant

                                Versus

National Insurance Company Ltd, Divisional Office: Dhuri Road, Opposite Kaula Park, Sangrur through its Divisional Manager.

                                                        …Opposite party

 

For the complainant  :               Shri Udit Goyal, Adv.

For OP                     :               Shri Anil Aggarwal, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

               

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Gurjit Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant availed the services of the OP by getting insured his Swift car bearing registration number PB-10DD-0319 vide insurance policy number 35101031146 135250154 for the period from 3.8.2014 to 3.8.2015 for Rs.2,62,252/- by paying the requisite premium of Rs.8558/- under zero debt cab cashless policy. The grievance of the complainant is that on 14.1.2015 at about 7.30 PM, the complainant along with his friend Rakesh Kumar were returning to his village, but on the way, the car of the complainant met with an accident and struck with a road side tree, as a result of which Rakesh Kumar sustained multiple injuries on his person and died due to that and further the complainant also suffered minor injuries on his person.  Thereafter the complainant immediately lodged the DDR number 7 dated 15.1.2015 with PP Ranike, PS Sadar Dhuri and further intimation of the accident was given to the OP, who appointed Er. Rajesh Aggarwal, surveyor to assess the loss and the vehicle was brought to Max Autos Sangrur for repairs, who prepared the estimate to the tune of Rs.3,50,000/-.  Further case of the complainant is that the OP declared the vehicle as total loss, but the grievance of the complainant is that the OP failed to release the claim amount of Rs.2,62,252/- despite best efforts of the complainant. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant the claim amount of Rs.2,62,252/- along with interest and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OP, legal objections are taken up on the grounds that the claim is not payable under the policy, that the complaint is not maintainable, that the complaint is time barred, that the complainant has dragged the OP into unwanted litigation and that there is no deficiency in service on the part of the OP. On merits,  it is admitted that the vehicle in question was insured with the OP subject to the terms and conditions of the policy for Rs.2,62,252/-. It is further admitted that after receipt of the intimation, the OP immediately appointed Er. Rajesh Aggarwal to assess the loss.  Further it is stated that the surveyor visited at the spot and found that as per the terms of the policy, the claim is to be settled on net of salvage value, as it is the prerogative of the company to opt the mode of settlement of claim and the surveyor requested the complainant to give his consent to settle the claim on net on salvage be settled, but the complainant failed to respond, as such, it is stated that the surveyor wrote so many letters to the complainant, but of no response was given by him.  As such, the claim of the complainant was ordered to be treated as no claim. Thus, alleging no deficiency in service on the part of the OP, the OP has prayed for dismissal of the claim with special cost.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-9 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for OP has produced Ex.OP/1 to Ex.OP/4 copies of the documents and affidavit and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

5.             At the outset, it is an admitted fact between the parties that the complainant availed the services of the OP getting insured his Swift car bearing registration number PB-10-DD-0319 for the period from 3.8.2014 to 2.8.2015 by paying the requisite premium of Rs.8558/-, as is evident from the copy of the insurance policy on record as Ex.C-5.  It is also not in dispute that the vehicle in question was insured comprehensively for Rs.2,62,252/- only.  It is also not in dispute that the vehicle in question damaged badly and suffered huge loss during the subsistence of the insurance policy and it is further not in dispute that the complainant gave the intimation to the OP about the accident, who appointed surveyor Er. Rajesh Aggarwal to assess the loss. In the present case, the grievance of the complainant is that despite submission of all the documents to the OP, the OP has closed the claim file of the complainant as No Claim on the ground that no claim is payable as the complainant has failed to cooperate with the opposite party in the settlement of the claim on own damage basis, whereas the complainant is seeking the claim on total loss basis. But, we are unable to accept such a contention of the learned counsel for the OP that the claim is not payable as the complainant has not responded/cooperated with the OP in settlement of the claim.  It is worth mentioning here that the OP insured the car on comprehensive basis by charging an amount of Rs.8558/- as premium from the complainant and at this stage at the time of payment of the claim, it does not seem fair in the mouth of the OP that no claim is payable. Under the circumstances, we feel that the OP cannot deny the claim on this score alone that the complainant has no cooperated with the OP and we feel that the claim is payable by the OP to the complainant.

 

6.             Now, coming to the point of quantum of compensation payable to the complainant. In the present case, the complainant has alleged that the car in question has suffered total loss in the accident,  but we have also perused on record the copy of survey report of Er. Rajesh Aggarwal, Ex.OP-4 dated 11.6.2016, wherein the surveyor has assessed the loss to the tune of Rs.1,21,390/- and as such we feel that ends of justice would be met if the OP  is directed to pay to the complainant the claim amount of Rs.1,21,390/- only as assessed by the surveyor in his report, Ex.OP-4.

 

7.             In view of our above discussion, we allow the complaint and direct OP to pay to the complainant an amount of Rs.1,21,390/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 13.12.2017 till realisation in full. We further direct the OP to pay to the complainant an amount of Rs.5,000/- in lieu of compensation for mental tension, agony and harassment as well as an amount of Rs.5,000/- on account of  litigation expenses. This order of ours shall be complied with by OPs within a period of thirty days of receipt of copy of this order. 

 

8.              A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                                June 4, 2018.

 

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

 

                                                   (Sarita Garg)

                                                        Member