Haryana

Karnal

cc/10/2015

Paras S/o Naresh Kumar - Complainant(s)

Versus

Oriental Insurance Company Ltd - Opp.Party(s)

V.K. Kapoor

20 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                          Complaint No.10 of 2015                                                                                                Date of instt.: 14.01.2015

                                                          Date of decision:22 .12.2015

 

Paras son of Shri Naresh Kumar resident of house No. 175-C, Model Town, Karnal.

                                                                ……..Complainant.

                   Vs.

The Oriental Insurance Company Ltd. through its Divisional Officer, Opposite Bus stand, Karnal..

                                                                  …..Opposite Party.

 

                     Complaint u/s 12 of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……….President.                

                   Sh.Anil Sharma…….Member.

 

Present:-        Sh.V.K.Kapoor  Advocate for the complainant.

                   Sh.Virender Adlakha Advocate for OP.

                  

ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986,  on the averments that he got insured his tempo traveler bearing registration No. HR-45-AT-7244 from the Oppoiste party ( in short OP)  for the period of 8.12.2013 to mid night of 7.12.2014 , for a total  value of Rs.3,20,000/-  and the insurance policy bearing No. 261300/31/2014/1725  was issued in that regard. The said vehicle met with an accident on 3.3.2014 and the First Information Report No. 110 dated 5.3.2014 was registered regarding the  accident in the Police Station Samalkha.  On  5.3.2014 intimation was also sent to the OP.  Sh.Ajay Mahajan surveyor of the OP inspected the vehicle and gave report dated 2 7.3.2014.  Estimate regarding repairs of the vehicle was given  for Rs.3,54,824/-.The OP further got assessed the damages from another surveyor Sh.Raj Kumar Singhal, who gave the report dated 11.7.2014, assessing the liability on total loss basis as Rs..3,18,500/-. However, the OP sent letter dated 12.11.2014  that the competent authority approved the claim for a sum of Rs.2,38,500/- on nonstandard basis .No details were even given in the said letter for assessing the claim on non standard basis, which amounted to deficiency in services on the part of the OP.

 

2.                 Notice of the complaint was given to the OP, who put into appearance and filed written statement disputing the claim of the complainant. Objections have been raised that complaint is not maintainable before this Forum; that the complainant has got no locus standi to file the present complaint and that the vehicle of the complainant was being driven in violation of the terms and conditions of the insurance policy.

 

                   On merits, it has been submitted that the vehicle of the complainant was being  driven without documentation and  carrying 13 passengers in place of nine. However, the OP for maintaining good relations with the complainant, settled the claim for Rs.2,38,500/- on non standard basis and the complainant was informed vide letter dated 11.12.2014. The other allegations made in the complaint have  not been admitted.

 

3.                 In evidence of the complainant, his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4 have been tendered.

 

4.                 On the other hand, in evidence of the OP, affidavit of Sh.R.S.Balian, Senior Divisional Manager Ex.OP1/A and documents Ex.O1 and Ex.O2 have been tendered.

 

5.                 We have appraised the evidence on record,  the material circumstances of the case and the arguments advanced by the learned Counsel for the parties.

 

6.                 The  tempo traveler of the complainant was insured with the OP and same met with an accident on 3.3.2014 during the period of insurance. Copy of the First Information Report  is Ex.C3. Surveyor was appointed by the OP and as per report of the surveyor Ex.C4, the amount payable was assessed as Rs.3,18,500/- considering the liability on total loss basis as the sum insured of the vehicle was only Rs.3,20,000/-. However, the OP offered the complainant  the claim of Rs.2,38,500/- on non standard basis.

 

7.                 The OP has alleged that vehicle was being driven  without proper documentation and carrying 13 passengers in place of nine at the time of accident, which amounted to violation of the condition of the policy and  for that reason the claim was offered on non standard basis. However, the OP has led no evidence worth the name on record, which may  even show that documents for plying the vehicle were not complete at the time of accident. So far as carrying 13 passengers at the time of accident is concerned, the main plank of the OP is the copy of the statement  of Billu, driver of the complainant. As per this document Billu driver told that he was carrying 13 passengers in the vehicle. However, there is no evidence as to who had recorded the said statement, on which date and in whose presence. No affidavit of the person, who recorded the said statement has been filed by the OP. Therefore, much reliance cannot be placed upon the said document and the same is not sufficient to prove that the vehicle was carrying 13 passengers at the time of accident. The First Information Report was recorded on the basis of statement of Billu and there is no reference in the First Information Report or the police investigation carried out that there were thirteen passengers in the vehicle at the time of accident.  Under such circumstances, the order of the OP for paying the claim of the complainant on non standard basis was without any cogent basis and the same cannot be termed as legal or justified in any manner. Non making of the payment of the claim to the complainant as assessed by the surveyor certainly amounted to deficiency in services on the part of the Ops.

 

8.                 As a sequel to the foregoing discussion, we accept the present complaint and direct the OP to make the payment of Rs.3,18,500/- to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e. 14.1.2015 till its actual realization on completion of formalities by the complainant regarding transfer of ownership in the name of the OP and execution of subrogation letter etc. The complainant shall also be entitled for a sum of Rs.5500/-  for the mental pain and harassment caused to him and  for the litigation expenses. The OP shall make the compliance of this order within a period of thirty days from the date of completion of the formalities by the complainant. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
dated:22.12.2015                                                                      

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma ) 

  Member.

 

    

Present:-        Sh.V.K.Kapoor  Advocate for the complainant.

                   Sh.Virender Adlakha Advocate for OP.

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:22.12.2015                                                                       

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

(Anil Sharma ) 

  Member.