STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BIHAR, PATNA
(Appeal No.310 of 2014)
Rajeev Kumar,
Son of Dhirendra Prasad,
R/O- Village+ P.O. + P.S- Hisua,
District- Nawada. Appellant.
VERSUS
Regional Manager,
National Insurance Company Ltd
Regional Office,4th Floor,
Sobe Bhawan, Birchan Patel Marg
Patna-01. Respondent.
BEFORE,
Hon’ble Mr. Justice S.K.Sinha, President,
Hon’ble Sri Upendra Jha, ADM(Rtd), Member
Hon’ble Smt. Renu Sinha, member (F)
ORDER
10.04.2017
Smt. Renu Sinha, Member (F).
The present appeal is directed against the order dt.26-11-14, passed by the District Forum- Nawada, in complaint case no.65/13 wherein the complaint case stood dismissed.
2. The complaint case related to allegation of deficiency in service against the ops National Insurance co. filed by the complainant in the District Forum challenging nonpayment of the claimed amount under the policy spent in repairing of the insured vehicle on account of damage due to accident on13-03-12, was rejected on the basis of surveyor/ investigation report finding the driving license of the driver driving the said vehicle of the complainant was fake and forged, seeking relief for payment of repairing cost Rs,1,88,905/ along with compensation to total sum of Rs.2,48,908/only. The complaint case was contested by the ops insurance co. taking the stand rejecting the claim of the complainant on aforesaid ground as valid. On consideration of the cases of both the parties and the investigation report in respect of the driving license of the driver as fake as it was not issued by the DTO, Sasaram , the District Forum treated violation of the policy condition, dismissing the complaint case holding the complainant not entitled to get claimed amount under the policy.
3. Being aggrieved and dissatisfied with the order of the District Forum, the appellant/complainant come in appeal stating that the District Forum wrongly dismissed the compliant on the basis of surveyor report finding the driving license as fake without any evidence on affidavit. Therefore, there was no breach of policy condition on part of the complainant and the order passed by District Forum not proper and fit to be set aside.
4. Heard the counsel for the appellant/complainant as well as the counsel appearing for the respondent 1&2 Insurance co. Perused the materials available on record along with the impugned order in detail.
5. It is admitted facts that the said vehicle of the appellant/complainant was insured with the respondents/ops Insurance co. and the vehicle met with the accident causing damage within the valid period of the policy. So far as the repudiation of the insurance claim by the respondent/ops insurance co. on the ground of the driver driving the said vehicle of the complainant had a fake driving license is concerned, we find that the Insurance co. has not produced any cogent materials or supporting documents as evidences in respect of the driving license of the driver as being forged one . Therefore, in absence of those supporting materials , the investigator verification report holding the driving license of the driver Chandan kumar bearing no.5945/98 not issued from DTO, Sasaram was wrong and fake, is not established and hence the said report cannot be relied upon for the consideration. In view of above, we find the repudiation of the insurance claim on aforesaid grounds by the insurance co. appears not reasonable and justified..
6. The District Forum erred in not taking the above aspect of the case in right perspective and passed the impugned order which is not sustainable, hence the same is set aside. We find merit in the appeal it ought to be allowed.
7. Accordingly, the respondents- National Insurance co. Ltd. is directed to pay the appellant/complainant sum of Rs.56,100/ only with interest @6%p.a. from the date of filing of complaint case in District Forum till date of payment towards the loss caused due to accident to the insured vehicle as assessed by the loss assessor mentioned in paragraph 12 of the w.s. filed by the ops insurance co. before the District Forum. Further the respondent Insurance co. is directed to pay the appellant/complainant a compensation amount of Rs.5000/only and litigation cost of Rs.5,000/only. The above awarded amount be paid within a period of 2 months on receipt of this order, failing which the rate of interest shall stand @9%p.a. on the total payable amount.
8. With above directions, the appeal stands allowed and the order of the District Forum stands set aside.
S.K. Sinha Upendra Jha Renu Sinha
President Member(M) Member(F)
Mukund
