Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 31.08.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the cost of repairing and parts charge i.e. Rs. 1,48,087/-.
- To direct the opposite parties to pay Rs. 50,000/- for mental agony.
- To direct the opposite parties to pay Rs. 10,000/- as litigation costs.
- To direct the opposite parties to pay Rs. 5,000/- for other expenses.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that his vehicle bearing no. BR – 07G – 5196 TATA 407 was insured with opposite party no. 1 which was damaged due to road accident which took place on 11.10.2012 between Ekangarsarai Biharsharif high way. The cause of the accident was that the another Bolero bearing no. BR – 1PD – 1530 collided with the vehicle of the complaint and one person namely Vishal appears to have been died and another person was injured. After the aforesaid accident one Sintu Chaudhary has lodged FIR being Parwalpur case no. 61/12 dated 11.11.2012 U/s 279, 337, 338, 304 A/34 IPC against the driver of the aforesaid both vehicle which were involved in the accident.
It is further case of the complainant that after the accident a report was also prepared by MVI on 18.10.2012 as will appear from annexure – 3. The aforesaid vehicle had all the legal documents the details of which have been annexed in annexure – 4 series.
The further case of the complainant is that the aforesaid vehicle was insured by opposite party no. 1 as will appear from annexure – 5 which is the insurance policy. After the accident the vehicle was sent for repairing in workshop namely Ankit Denting workshop, new bypass road, Anisabad, Patna and thereafter engineer of the aforesaid workshop prepared an estimate cost amounting to Rs. 1,26,855/- as will appear from annexure – 6 and 7 series. The complainant has asserted that after getting information of the accident by the complainant the opposite parties insurance appointed surveyor to look into matter and the aforesaid surveyor also assured the complainant that the matter will be refer to higher authorities so that the petitioner may get the claim amount.
It appears from the record that vakalatnama was filed on behalf of opposite party no. 1, 2, 3 and 5 but when despite allowing several adjournment no written statement was filed. Then the opposite parties were debarred from filing written statement and this case was heard ex – parte.
From bare perusal of complaint petition it is crystal clear that till the last date of argument the complainant was not paid single amount by opposite parties but from perusal of annexure – 1 to 7 series it appears that the vehicle of the complainant was damaged in accident and the aforesaid vehicle got repaired by the complainant. It further transpires that surveyor has also visited the damaged vehicle.
It goes without saying that the complainant has filed this complaint petition by stating facts on solemn affirmation which clearly disclose deficiency on the part of opposite parties because there is no counter version of opposite parties.
From bare perusal of complaint petition as well as annexure – 6 and 7 series it transpires that the complainant has incurred repairing cost to the tune of Rs. 1,48,087/-. We have no other documents to assess the real loss. However, taking into consideration that salvage and other factor we think that the complainant is entitled to receive Rs. 1,00,000/- towards maintenance of his vehicle.
For the reason stated above we direct the opposite parties to pay Rs. 1,00,000/- ( Rs. One Lac only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 1,00,000/- ( Rs. One Lac only ) till its final payment.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
