This is an order for petition filed on behalf of Bajrang Lal Agarwal against the oriental Insurance co. Ltd under the consumer protection Act for grant of the claim amount i.e. Rs. 675000/ being the insured amount of the vehicle Rs. 176000/ being the rent charged by the average 8000/ per month Rs. 22000/ being the loss caused to the complainant 10000/ per month Rs. 500000 towards mental pain and angry suffered by the complainant on account of deficiency in service on part of the o.p Rs. 25000/ towards litigation cost Rs. 20965/ being tax and the interest 12 percent per month .
The complainant contended in the complaint petition that the complainant’s Tankar JH 01P 0778 fell under an accident on 19.12.2011 caused damaged of the Tanker and the complainant complied with the requirement of the opposite party but the opposite party neither settled the claim nor paid any amount towards compensation.
The complainant further contended that complaint in order to earn his livelihood and by way of self employment and to meet the family expenses purchased a tanker JH 01P 0778 and the vehicle was insured the vehicle with the opposite party and the same was valid from 3.02.2011 to 02.02.2012 and the vehicle of the tanker was fixed Rs. 675000/. It is further contended that on 19.12.2011 the vehicle was going from Ranchi to Gumla and near Kado jora chowk p.s. Bero an unknown truck dashed. The complainants vehicle causing the accident the driver of the vehicle died at the spot. It is further contended that an F.I.R was lodged with Bero police station and the information was given to the opposite party also. It is further contended that the claim form was issued which was filled up and sent to the opposite party. It is further contended that survey or was appointed and the complainant supplied the documents and relevant papers. It is further contended that estimated cost of for the repair of the vehicle was estimated about Rs. 700000/. It is further contended that the complainant contacted the opposite party repeatedly to pay the insured declared value and settle the claim but the opposite party deferred the same under one and other pretext and the estimated cost so high the complainant parked the vehicle at Rajdhani Body Builder’s Garage from January 2013 and the Garage owner is demanding sent Rs. 8000/. The complainant also contended that the opposite party is not paying anything and the complainant issued legal notice upon the opposite party. The complainant further contended the complainant due to the damage of the vehicle deprived of the monthly income of the vehicle which is Rs. 10000/ permonth. The complainant further contended that inspite of several opproaches the opposite party did pay anything which is deficiency in the service on the part of the opposite party and the opposite party is bound to compensate the complainant for the same.
The complainant filed the case the same was admitted and notice was issued against the opposite party. The opposite party through the authorized advocate approved but failed to file any show cause and the case was fixed for final hearing.
In support of the case the complainant filed some documents which have been marked as Ext. 1 Certificate of Registration. Ext. 2 tax token Ext. 3 certificate of fitness of the vehicle Ext. 4 goods carriage permit Ext. 5,6 Pollution control certificate Ext. 7. Driving Licence of driver Prakash Minz Ext. 8 Insurance policy of the vehicle Ext. 9 Motor claim form Ext.10 the F.I.R of the occurrence, Ext. 11 and 12 letter of the complainant to the value of the insurance company. Ext. 13 Letter of the complaint to the to the Branch Manager of the Insurance company. Ext 14 Advocate’s notice to the opposite party and Ext. 15 the Estimate cost of the reparing of the Vehicle.
In this case the complainant filed his statement/ evidence supported by affidavit. Since the opposite party has not filed any show cause and also the lt. advocate on behalf of the opposite party does not controverted the statement of the complainant.
On careful assessing the statement of the complainant and the documents exhibited in this case It is evident as per Ext. 10. The photocopy of the F.I.R that 19.12.2011. Tanker no. JH 01P 0778 which sustained accident. It is evident that the tanker belonged to the complainant Ext. 1 and 4.
It is evident that the said tanker was insured with the oriental insurance co. ltd being policy no. 332201/31/2011/3961. Which was valid since 03.02.2011 to midnight 02.02.2012 i.e. on the date of accident the vehicle/tanker was validly insured with the opposite party Ext.8. From the insurance policy certificate it is evident that on the date of insurance the company assessed the value of the tanker as Rs. 675000/ from the Ext. 9. It is evident that the motor claim form was submitted with the oriental insurance co. ltd. Ext. 11,12,13 show that the complainant wrote letter to the insurance claim valuer ( Ext. 11 and 12 ) and to the branch manager of the oriental insurance co. ltd. Ranchi. It is also evident that the complainant sent legal notice through the advocate to the opposite party to settle the claim ( Ext. 14 ). The Ext. 15,15/1 shows that the body builders garage owner gave the estimate cost for the repairing of the vehicle which was estimated as Rs. 460500/ from the Ext. 3.
It is evident that the vehicle concern was effective from 04.04.2011 to 03.04.2012.
All the exhibits shows that on the date of occurrence the tanker was fit and effective but unfortunately the vehicle sustained accident on 19.12.2011 and the complainant requested the opposite party insurance company to compensate the loss caused due to accident but the company inspite of the legal notice, the personal letters of towards litigation cost Rs. 20965/ plus fee of the fax after march 2012 till the realization of the amount Rs. 2995 per quarter.
The opposite party is directed to pay the amount as stated above within three months from the date of order failing which the opposite party shall be liable to pay interest for the decretal amount at the rate of 12 percent per month from the date of order till realization of the amount and in case of failure the complainant shall be at liberty to get the amount realized through process of the court.
Supply the copy of this order free of cost to the complainant and also to the advocate of the opposite party of the complainant did not responsed the request and ultimately the complainant filed this case. In this case the notice was issued against the opposite party and the authorized advocate of the opposite party filed his appearance but did not filed any show cause and did not take part in any other manner.
And
Accordingly this forum has not option but to accept the claim of the complainant and the claim of the complainant is allowed. The opposite party oriental insurance co. ltd. Is directed to pay Rs. 675000/. This insured amount of the vehicle Rs. 36000/ the charge of the garage rate of Rs. 1000/ permonth plus the amount until the vehicle is vocated from the garage, Rs. 150000/ as the compensation for causing mental pain and agony an account of the deficiency in service on the part.
The opposite party, Rs. 15000/ and /or copy of the order be sent to the opposite party at the registered office of the opposite party.
