Order
The complainant has filed his case of claim of total Rs. 94841/- arises from the insured sum Rs.59841 and Rs. 20,000/- for mental, physical harassment and Rs. 15,000/- for litigation cost on 19-04-2012.
The case of complainant appears from his complaint petition supported with an affidavit that he has purchased bajaj pulsar motor cycle on 12-07-2010 from the opposite party no.-3 for Rs. 64,150/- which was registered as registration no.- BR06W-0990 the said motor cycle was insured from the opposite party no.1 & 2 bearing policy no.- 0G-11-2444-1802-00003641 for period from 12-07-2010 till 11-07-2011. He has further alleged that in the night of 20-09-2010 his said motor cycle was taken away by unknown persons from his Residence – Babanbigha, P.S.Mithanpura, District Muzaffarpur. He has informed the police and the case was lodged as Mithanpura P.S.C.No-185/2010 dated 21-09-2010 u/s- 379. He has also informed the insurance company in writing by his letter dated 21-09-2010 from where he was directed to submit final form so that his claim can be considered. In this case police has investigated the matter and submitted final form finding the case true against the unknown thieves before the court of C.J.M. Muzaffarpur which was accepted by the court by his order dated 06-09-2011. The complainant has taken the copy of the order on 16-09-2011. Accordingly he has made his claim on 20-09-2011 with all papers before opposite party no.-2. They where dragged him and lastly, he has served legal notice to the opposite party which was not replied as such clear cut discrepancy arises against the opposite party. Accordingly he has filed his case with aforesaid claim.
The complainant has filed Xerox copy of receipt dated 12-07-2010 for cash payment of Rs. 64150/-, condition for registration paper dated 12-07-2010, policy paper issued on 27-07-2010 and the period of insurance mentioned as from 12-07-2010 till 11-07-2011 for pulsar motor cycle bearing chesis no.- 89330 , engine no.- 78829, proposal form and insurance invoice which are annexure 1 to 5. He has further filed certified copy of order dated – 06-09-2011 passed in the court chief judicial Magistrate Muzaffarpur by which the court has accepted the final form, at Mithanpura P.S. Case No.-185/10 certified copy of F.I.R Mithanpura P.S.C.No- 185/2010 dated 21-09-2010 with petition of information of theft to the officer in charge dated 21-09-2010, final form no.- 57/2011 dated 31-03-2011 in Mithanpura P.S.C.No- 185/2010, with petition dated 21-09-2010 and 20-09-2011 regarding the claim to the opposite party and legal notice dated 29-03-2012 which are annexure 6 to 11.
In this case opposite party no.3 appeared and has filed his written statement on 23-07-2012 supported with an affidavit alleged there in that the case of complainant is not maintainable either on fact or law and he has no valid cause of action. He is not consumer. He has further alleged that the claim of complainant is against the insurer of his vehicle opposite party no.-1 & 2 he is neither liable nor can be liable for settlement of his claim and on these ground he has prayed to dismiss the case.
In this case opposite party no. 1 & 2 also appeared and has filed their written statement dated 29-08-2013 supported with an affidavit and has accepted the policy of vehicle of complainant and period of insurance and other fact has been denied they have further alleged that these opposite parties have informed the alleged occurrence of thieft after lapse of 8 month which is against the terms and condition of the policy as such the opposite party has wanted to know the true facts from the complainant by his letter dated 16-05-2011 and further reminder letter dated 05-07-2011 was also send to the complainant. He has further alleged that the complainant on 17-05-2011 submitted his claim by half heartedly field up discharge come satisfaction voucher without any paper and had not deposited the final acceptance order by the court as such there is no any discrepancy arises against them now, the complainant wants to recover damages from the opposite party having no any ground and on this ground the opposite party has prayed to dismiss the case.
The Opposite has filed Xerox copy of letter dated 16-05-2011 from which they wants clarify fact of thieft, letter dated 05-07-2011 by which the claim stands repudiated which are annexure – K to Kh.
The complainant has filed affidavit of himself and his witnesses Sudhir Kumar Singh in support of his case. The witnesses were cross examined by the opposite party but there is no any material appears from cross examination to disbelieve the case of complainant .
Considering the facts, circumstances material available with the record as well as allegations of the respective parties the insurance policy as well as period of insurance is admitted by the opposite party no.-1 & 2 there is no any dispute raised against the theft of the said the vehicle by the opposite party, only they have objected that the information at theft was given to them after 8 month of the occurrence which is beyond the terms and condition of the policy but they have not filed any paper to show that there was condition like that. Admittedly the vehicle was taken awake by the unknown for which police case was lodged and police has investigated the matter and submitted final form which was accepted by the court. The vehicle was found clueless by the police as such in our believe the case of complainant appears to be full proved the objection raised by the opposite party have no meaning to stand as such the case of complainant is maintainable.
Accordingly the case is allowed and the opposite party is directed to pay Rs. 59,841/- insured sum of his vehicle with interest. @ of 8 % till payment. Further opposite party no.- 1 & 2 are directed to pay Rs. 20,000/- as physical, mental harassment as well as litigation cost. The both payment should be made within 30 days of the order otherwise the complainant is entitle to get it recover from the process of law.
