Haryana

Yamunanagar

CC/283/2011

Koushalya Devi W/o Hazura Singh - Complainant(s)

Versus

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

S.K.Sharma

20 May 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                           Complaint No. 283 of 2011.

                                                                                           Date of institution: 31.03.2011

                                                                                           Date of decision: 20.05.2016.

Koushalya Devi wife of late Sh. Hazura Singh, resident of H. No. 107, Yogesh Nagar, Yamuna Nagar.     

                                                                                                                                              …Complainant.

                                    Versus

 

National Insurance Company Ltd. Branch Office near New Fountain Chowk, Yamuna Nagar through its Branch Manager.                                                                                                                                                                             …Respondent.

 

Before:            SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  None for complainant.   

                Sh. Parmod Gupta, Advocate, counsel for respondent.            

             

ORDER

 

1.                     Complainant has filed the present complaint under section 12 of the Consumer Protection Act. 1986, praying therein that respondent (hereinafter referred as OP) be directed to pay claimed amount of Rs. 17,000/- on account of damage of car and also to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that she is registered owner of car bearing registration No. HR-02U-6545  which was duly insured with the OP Insurance Company vide policy bearing No. M111211110180302 valid w.e.f. 25.05.2010 to 24.05.2011 for a sum insured of Rs. 2,21,093/-. Unfortunately, on 20.03.2010 car in question met with an accident and in this respect an FIR bearing No. 41 dated 21.03.2010 was lodged with the police of P.S. Bilaspur. Thereafter, complainant has immediately lodged his claim with the Op Insurance Company and submitted all the documents as per demand of the OP Insurance Company. A surveyor was appointed who conducted the survey of the car in question but has wrongly, illegally and with malafide intention repudiated the claim of the complainant on false ground vide its letter dated 17.08.2010 wherein it has been stated that the said car was in custody of police and was got released on Superdari from the court on 22.03.2010. Therefore, the involvement of the car in question in accident on dated 21.03.2010 does not arise at all, whereas the true facts are that the car in question of the complainant met with an accident on 20.03.2010 and thereafter, the complainant lodged an FIR bearing No.41 dated 21.03.2010 with the police of P.S. Bilaspur and the police of P.S. Bilaspur taken into custody the aforesaid vehicle after the accident. As such there is nothing wrong that the aforementioned vehicle was in the custody of police at the time of alleged accident. After receipt the repudiation letter complainant visited so many times the OPs as well as surveyor but all in vain. Hence, this complaint.

 3.                    Upon notice, OP appeared and filed its written statement by taking some preliminary objections such as complainant has lodged a false claim by twisting the true facts because as per FIR No. 41 dated 21.03.2010 of Police Station Bilaspur, District Yamuna Nagar the sons of the complainant namely Surender Singh and Pritam Singh were committing affray by fighting in a public place and was disturbing the public peace under the influence of liquor in the area of P.S. Bilaspur at about 11.55 P.M. on 20.03.2010 and they were apprehended alongwith car bearing registration No. HR-02U-6545 under section 160 IPC and FIR was lodged immediately on 21.03.2010 in the early morning at 12.10 A.M. and both the accused confessed their guilt on 20.04.2010 before the JMIC, Jagadhri. The said car was taken on superdari by the complainant from the court on 22.03.2010. As per claim form submitted by the complainant dated 22.03.2010, it is alleged that the car met with an accident on 21.03.2010 at 8.15 P.M., when the said car being driven by one Jai Ram, but one thing is clear that a vehicle cannot be at two places at one time because the car was in police custody since mid-night of 20.03.2010 to 22.03.2010 when it was released on superdari on 22.03.2010. Hence, how it is possible that it met with an accident on 21.03.2010 at 8.15 P.M. and on merit it has been admitted that car in question was insured with the OPs Insurance Company w.e.f. 25.05.2009 to 24.05.2010 vide cover note bearing No. 70171382. On intimation, surveyor and Loss Assessor Sh. Sandeep Kumar was deputed to assess the loss who submitted his report Annexure R-8 on dated 26.03.2010 assessed the loss of Rs. 15234/-subject to terms and conditions of the insurance policy. However, as a false claim for contravention of the terms and conditions of the insurance policy was lodged, so, claim was rightly repudiated vide letter dated 17.08.2010. Lastly, prayed for dismissal of complaint.

4.                As the complainant failed to lead any evidence despite so many opportunities with cost, hence her evidence was closed by court order on 18.01.2016 However, at the time of filing of complaint, complainant filed her short affidavit and documents such as Photo copy election identity card as Annexure-A1, Photo copy of ration card as Annexure-A2, Photo copy of Insurance policy as Annexure A-3, Photo copy of RC as Annexure-A4 with the complaint in support of his complaint.

5.                   On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. V.K.Sethi, Assistant Manager, National Insurance Co. as Annexure RW/A and documents such as Photo copy of claim form as Annexure R-1, Photo copy of remand paper as Annexure R-2, Photo copy of FIR bearing No. 41 dated 21.03.2010 as Annexure R-3, Photo copy of challan repot under section 173 Cr.P.C. as Annexure R-4, Photo copy of MLR as Annexure R-5, Photo copy of application for superdari alongwith order as Annexure R-6, Photo copy of confession judgment as Annexure R-7, Photo copy of surveyor report as Annexure R-8 and copy of affidavit of surveyor as Annexure R-9, Photo copy of repudiation letter as Annexure R-10 and closed the evidence on behalf of OPs.

6.                     We have heard the learned counsel for the Ops and have gone through the pleadings as well as documents placed on file carefully and minutely.

7.                      It is admitted fact that the complainant is registered owner of car bearing registered owner of car bearing registration No. HR-02U-6545 which was duly insured with the OP Insurance Company vide policy bearing No. M111211110180302 valid w.e.f. 25.05.2010 to 24.05.2011 for a sum insured of Rs. 2,21,093/-.  

8.                     After hearing and going through the contents of complaint as well as documents, we are of the considered view that there is no deficiency or unfair trade practice on the part of OP and the claim of the complainant has been rightly repudiated by the OP Insurance Company as from the perusal of copy of FIR No.41 dated 21.03.2010, it is evident that both sons Surender Singh and Pritam Singh of the complainant were committing affray in a public place and was disturbing the public peace under the influence of liquor in the area of P.S. Bilaspur at about 11.55 P.M. on 20.03.2010 and they were apprehended alongwith car bearing registration No. HR-02U 6545 under section 160 IPC. Further, from the perusal of the contents of the FIR, it is evident that no such accident has taken place with the car bearing registration No. HR02U-6545 as not a single iota of word has been disclosed by the police or the complainant at the time of lodging the FIR and since lodging the FIR at 12.10 A.M. in the mid night of 20/21.03.2010 the car in question was in the custody of police station Bilaspur. Further, from the perusal of copy of MLR (Annexure R-5) this fact is also proved that both the sons of the complainant were under the influence of liquor at the time of alleged accident as well as commit the affray in the public place in the mid night of 20/21.03.2010 at the time of alleged accident. Even, the version of the OPs Insurance Company is also further proved from the confessional statement as well as judgment Annexure R-7 in which both the sons of the complainant confessed their guilt and sentenced to pay fine of Rs. 100/- each under section 160 IPC by the Hon’ble Court of JMIC, Jagadhri on dated 20.04.2010 (Annexure R-7). Although the surveyor was deputed and a loss of Rs. 15234/- was assessed by him but the complainant has totally failed to prove any accident as alleged in the complaint. Further when the sons of the complainant were under the influence of the liquor at the time of alleged accident, if any, and committing affray in the public place with car in question in the midnight, then how they can claim the compensation on account of damage of car at their own fault.

9.                     In the circumstances noted above, we are of the considered view that there is no deficiency in service on the part of OP Insurance Company; hence, the claim of the complainant has rightly been repudiated by the OP Insurance Company.

10.                   Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 20.05.2016.

                                                             

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

                                                                                     

 

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.