Jharkhand

Bokaro

CC/16/2

Ram Kumar Singh - Complainant(s)

Versus

National Insurence Co. Ltd. - Opp.Party(s)

29 Sep 2018

ORDER

Complainant Ram Kumar Singh has filed this case for a claim of entire value of his motor cycle of Rs. 27614/- along with compensation of Rs. 10000/- and litigation cost of Rs. 10,000/-.

2          The case of the complainant in short is that complainant is a owner of Motorcycle being registration No. JH09R-9394 and his motorcycle was duly insured vide insurance policy No. 390102/31/14/6203902189 for the period 10.02.2015 to 09.02.2016.

            On 11.02.2015 at about 03:30 P.M. in the afternoon the Motorcycle was parked outside of the house of the complainant and he found the vehicle was missing. On 16.02.105 he lodged FIR for theft vide B.S.City case No. 64/2015 after through search personally and the Police after investigation submitted final form as case is true but having no clue. The final report has been accepted. The complainant submitted his claim of the insurance from the O.P. but the claim has been repudiated on the ground that FIR has been lodged after five days which is violation of terms and condition and therefore, the claim has been assessed as no claim.

            Repudiation by the O.P. of the claim is deficiency in service hence this case has been filed.

3          In support of the claim by the complainant the following document has been filed:-

Anx-1 Copy of the registration certificate.

Anx-2 Copy of the insurance policy.

Anx-3 and 3/1 Copies of order sheet of CJM Bokaro.

Anx-4 and 4/1 Copies of the FIR and the final report.

Anx-5 Copy of the repudiation letter.

4          O.P. National Insurance co. Ltd. has appeared and has filed W.S. It is stated that the case is not maintainable on the ground, the complainant has not filed FIR within 24 hours, delay of 5 days which is violation of terms and conditions of the policy. It is also submitted that in several cases, the delay for lodging the FIR and also information to the O.P. lost valuable time for searching of the vehicle and therefore, the complainant is not entitled for the claim and the case be dismissed.

            The O.P. has relied on a Judgment of first Appeal No. 321/05 before NCDRC, New Delhi in which it has been held that the delay of two day in lodging the FIR has been held fetal.

                                                            F I N D I N G S

5          We perused the record and hold that complainant is a consumer as being owner of the vehicle for which policy has been taken for insurance on payment. The dispute is also a consumer dispute.

6          It is admitted by the complainant himself in the complaint petition that the theft was occurred on 11.02.2015 but the FIR has been lodged on 16.02.2015 after thoroughly search personally. He has not stated when he had informed about the theft to the insurance co. It is clear that there is delay of 5 days in lodging the theft case before the Police which caused loss of valuable time for the Police to search out the stolen motorcycle. As per the terms and conditions of the policy, the FIR must be lodged within 24 hours to avoid delay in search process for recovery of the vehicle. But it is admitted the complainant has tried himself searching the vehicle before lodging the case. No doubt there is some delay in lodging the FIR which does not provide ample time to Police to search quickly. At the same time, this act of the complainant to search himself first before lodging a case before the Police is natural and for this reason, he cannot be denied the total repudiation of the insurance amount.

            Thus, on the non standard basis we found that the complainant is a entitled for 75% of the IDV of vehicle of Rs. 27,614/- which is Rs. 20,710/- .

            Although both the sides are bound by terms and conditions of the contract but merely on the ground of delay in lodging the FIR the entire claim cannot be repudiated by the O.P. insurance co.

                        Therefore, we found that there is deficiency on the part of the O.P.

7          In the result, we found that the case is maintainable and the  claim of the complainant is allowed on the basis of non standard basis and O.P. M/s National Insurance Co. Ltd. is directed to pay Rs. 20,710/- (Rs. Twenty thousand seven hundred ten) only to the complainant along with compensation of Rs. 1000/- (Rs. One thousand) only and litigation cost of Rs. 5000/-(Rs. Five thousand) only.

            All the payments must be paid within 60 days from this order failing which O.P. shall be liable to pay interest @ 6% per annum on the amount Rs. 20,710/- (Rs. Twenty thousand seven hundred ten) only till realization.