DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 41 OF 2015
Suryakanti Sahoo ( 45 Years),
W/O- Suresh Chandra Sahoo,
RO: Bazarpara of Belpahar, PO/ PS: Belpahar,
Dist: Jharsuguda,Odisha……………..………….….………………Complainant.
Versus
- Oriental Insurance Co. Ltd.,
Division Office, V.S.S. Marg of Sambalpur Town,
PO/PS/Dist: Sambalpur, Odisha.
- Oriental Insurance Co. Ltd.,
Branch Office, At/ PO: Kali Mandir Road,
PS/ Dist: Jharsuguda, Odisha………………....…………………..Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri R. Kanda, Adv. & Associates.
For the Opp. Party No.1 & 2 Shri B.K.Purohit, Adv &. Associates.
Date of Order: 22.11.2016
Present
1. Shri S.L Behera, President.
2. Shri S.K. Ojha, Member.
Shri S. L. Behera, President: - The brief facts of this case are that, the complainant is the registered owner of a truck bearing No. OR-23E-5206, being financed by Magma Finance and got it insured with the O.P.No.1. Within the validity of insurance period the said vehicle became unbalanced due to brushed of wheel and went out of the road and fail on a ditch and tilted on dtd. 20.06.2013. The incident of accident was intimated to the O.P. Insurance company and informed before the Sadar PS of Sambalpur bearing SD Entry No. 416 dtd. 20.06.2013. As per the advice of O.Ps. the vehicle shifted to one Krishna Motors, of Belpahar for repairing purpose. Thereafter claim was lodged for a sum of Rs.4,86,877/- only including the total cost of repairing Rs.2,46,877/- only and Rs.2,40,000/- only towards expenses of driver’s and helper’s salary for two years. The insurance claim is pending till date as such the complainant filed this case along with all the relevant documents.
The O.Ps. Insurance company appeared and filed written version and admitted the fact of insurance which was valid from dt. 06.06.2013 to dt. 27.12.2013 the vehicle was financed by Magma Fincorp Ltd. A Surveyor was appointed after accident taken place and as per his surveyor’s report the claim was assessed amounting Rs.1,30,000/- only after due calculations and procedures. The claim amount submitted to the financier by discharge voucher on dtd.25.02.2015 as per the hypothecation clause. The claim was fully and finally settled by Insurance company on dt. 25.02.2015 and denying all the allegation of the complainant and the O.ps. prayed for dismissal of the case.
We have heard from the parties, gone through the case record and documents available. The O.Ps. after getting intimation of accident surveyed the incidence through a surveyor who after due verification calculated the quantum of damage and assessed an amount of Rs. 1,30,000/- only payable towards settlement of claim. The O.Ps. issued a claim payment voucher amounting Rs.1,30,000/- only on dt. 25.02.2015 infavour of Magma Fincorp Ltd. as per the hypothecation clause. The claim was finally settled on amount of Rs.1,30,000/- only and paid to the financier as the vehicle was under hypothecation agreement period.
On the above mentioned observations and analysis as the O.Ps. have settled the insurance claim amount as per the surveyor’s report and paid to the financier as per hypothecation cause, no deficiency in service found on the part of O.ps., hence the case is dismissed with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 22nd day of November, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree. .
S.K.Ojha. Member S.L.Behera,President
Dictated and corrected by me.
S.L.Behera,President
