Jammu and Kashmir

Jammu

CC/21/2017

janak Singh - Complainant(s)

Versus

National Insurance - Opp.Party(s)

janak Singh

06 Oct 2018

ORDER

DISTRICT    CONSUMER     DISPUTES   REDRESSAL  FORUM, JAMMU

                (Constituted under J&K Consumer Protection Act,1987)

                                                         

 Case File  No               51/DFJ         

 Date of  Institution     20-05-2017

 Date of Decision         24 -09-2018

 

Janak  Singh,

S/O Sh.Jagdev Singh,

H.No.F-89 Subash Lane,

New Plot,Jammu.

                                                                                                                                                Complainant

                    V/S

1.Divisional Manager,

National Insurance Co.Ltd.

Shalamar Road,Jammu.

2.Satpal Surveyor,Surveyor Office,

  National Insurance Co.Ltd.

  H.No.152 Shastri Nagar,Jammu.

                                                                                                                                                Opposite parties

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)  President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chauhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Complainant in person present.

Mr.Sanjay K.Dhar,Advocate for Ops, present.

                                                       

 

                                                               ORDER

                      Shorn of unnecessary details, facts relevant for the disposal of complaint on hand are that the vehicle of complainant bearing registration No.JK02AG-4981,Wagon R,LXI met with road accident on,17-10-2015 at Maheshwar Morh,Samba.That the vehicle was insured with OP Company under Policy No.35101031136134312501 valid upto midnight 25-02-2015.According to complainant information regarding accident was conveyed to OP on,19-01-2015 on Motor Claim Intimation Form provided by Mr.Satpal Surveyor of OP Company  and photographs of the damaged vehicle were taken by Mr.Satpal Surveyor. Complainant further submitted that the claim vouchers of spare parts and labour component were submitted to surveyor on,30-03-2016 alongwith all requisite formalities desired by the company. Allegation of complainant is that the claim has not been settled by OP Company despite repeated requests. Hence the present complaint. In the final analysis, complainant prays for payment of claim with interest.

                   On the other hand,OP filed written version and resisted the complaint on the ground that the present complaint is not maintainable and merits outright dismissal on the score that OP has never refused or negated the settlement of claim, but complainant has himself failed as he did not provide any assistance or cooperation as per mandate of Condition 1 of the policy despite several requests made by OP.That the complainant has not produced original bills of spare parts as allowed by the surveyor and copies of FIR/Final Police Report etc.That the complaint is premature ,as much as,false,frivolous and vexatious, as such liable to be dismissed. That the complaint is bad for mis-joinder of necessary parties since it is filed against the officers of the company which is legal entity and no suit or complaint lies against the official of a corporation. It is submitted that the complainant on,05-02-2015 intimated the OP about the damages caused to vehicle bearing registration No.JK02AG-1981 (Wagon R)as a result of accident on,17-10-2015.It is submitted that in his intimation letter, the complainant also informed that as a result of said accident his family members including himself have suffered injuries. The OP immediately after receipt of the intimation deputed/appointed Mr.Sat Pal duly licensed and authorized Surveyor for conducting survey and making the assessment of reported loss. The said surveyor after physical inspection of the subject vehicle and scrutiny of the estimate of loss as submitted by the complainant carried out the survey and made the assessment of loss to the tune of Rs.2819/-.The said surveyor issued and submitted report No.FNL/2016-17/00827 dated 21-03-2017 to OP and after examining the said report, it was observed that estimate prepared by Gopal Automobiles and submitted by the complainant was without labour charges and original invoice of spare parts replaced was not submitted alongwith copy of FIR/Final report since as per intimation letter, family members of the complainant had suffered injuries, therefore, in order to proceed with the claim and for its settlement, the OP immediately requested the complainant for submitting requisite documents. It is further submitted that the surveyor in his report has clearly and unambiguously mentioned that estimate submitted by the complainant is without labour charges, so same were not allowed and the original invoice of spare parts replaced was not submitted by the complainant,therefore,OP made several requests to complainant for producing the requisite documents so as to enable the settlement of his claim, but the complainant has miserably failed to submit the documents as  a result of which his claim could not be settled as per terms and conditions of policy of insurance.

                       Complainant adduced evidence by way of duly sworn evidence affidavit .Complainant has placed on record copy of policy schedule, copy of Motor Claim Form, copy of Motor Claim Intimation, copy of certificate of registration, copy of estimate, copy of bill issued by Gopal Automobiles, copy of retail invoice and copy of retail invoice form.

                     On the other hand,OP adduced evidence by way of duly sworn affidavit of Nitesh Mahajan Admn.Officer National Insurance Co.Ltd.OP has placed on record copy of surveyor report, copy of intimation letter issued by complainant to OP regarding accident of vehicle, copy of estimate/list of damaged parts and copies of communications exchanged between the parties collectively.

              We have perused case file and heard L/Cs for the parties at length.

                    After hearing complainant and L/C for OP and perusing the case file, the point for consideration is, as to whether or not OP is deficient in service in not settling the claim of complainant.

                      Before heading further, it is to be noted that since parties have lead evidence in the shape of evidence affidavits, which are much or less reproduction of contents of their respective pleadings,therefore,we do not feel it necessary to represent the same again and if need arises, same would be referred hereinafter at appropriate stage.

              Complainant vehemently argued that despite completion of all requisite formalities,OP did not indemnify the loss to him, therefore, same constitutes deficiency in service. On the other hand, submission of L/C for OP is that complainant has failed as he did not provide any assistance or cooperation as per mandate of condition No.1 of the policy despite repeated requests.

                    Be it noted that in so far as insurance of vehicle in question and its loss .during currency of policy is concerned, same are not in dispute. According to complainant, insured vehicle suffered loss to the tune of Rs.61,363.On the other hand,OP would submit that insured vehicle suffered loss to the tune of Rs.2819/-.In order to support his contention that loss to the insured vehicle is suffered to the tune of Rs.61,363/-,complainant relied upon estimate of loss prepared by Gopal Automobile. On the other hand,OP placed on record surveyor report dated,21-03-2017,whereby total loss assessed to the tune of Rs.2819/-.

            Once it has been shown that vehicle was comprehensively insured and it met with accident during currency of Insurance Policy, in that event, Op is not expected to devoid the benefits of Insurance Policy to the insured on technical grounds, which are short of fundamental breach of contract of indemnity.

               It is needful to recall the judgment of Hon’ble Supreme Court passed in Oriental Insurance Company Ltd.V/S M/S Ozma Shipping Co.and Anr.2010 AIR SCW 514

Before parting with this case we would like to observe that the insurance companies in genuine and bona fide claims of the insured should not adopt the attitude of avoiding payments on one pretext or the other. This attitude puts a serious question mark on their credibility and trustworthiness of the insurance companies. Incidentally by adopting honest approach and attitude the insurance companies would be able to save enormous litigation costs and the interest liability.

                             Therefore in view of the aforesaid discussion and after pursuing the record of the case, complaint filed by the complainant is accordingly allowed and OP is directed to indemnify the loss to the tune of Rs.2819/-alongwith interest @ 7% per annum w.e.f.21-05-2017 (i.e. two months after surveyor report)till its realization. The complainant is also entitled to Rs.5000/-as compensation for causing mental agony and harassment and litigation charges of Rs.5000/-.This order shall be complied with by OP within one month from date of receipt of this order. Copy of this order be provided to the parties free of charge. Complaint is accordingly disposed of and file be consigned to records after its due compilation.

Announced                                             (Khalil Choudhary)                                                24-09-2018                                                                                   (Distt.& Sessions Judge)

 Agreed by                                                                                           President                                                      

                                                                                        (District Consumer Forum)

Ms.Vijay Angral                                                                             Jammu.

Member

 

Mr.Ghulam Sarwar Chauhan

Member