Karnataka

Chitradurga

CC/63/2018

Sri. S. Rangantha, - Complainant(s)

Versus

Reliance General Insurance Company Limited, Represented - Opp.Party(s)

R.N. Parthalinga.

10 Jan 2019

ORDER

COMPLAINT FILED ON :26/05/2018

               DISPOSED ON:10/01/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 63/2018 DATED:10th JANUARY 2019

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

                                BSc.,MBA., DHA.,

LADY MEMBER

COMPLAINANT/S	Sri. S. Ranganath S/o Srikantappa, Owner of Mahindra Car, Amma Nilaya Sihineeru Hondada Road, Burujanahatti, Chitradurga Town.   (Rep by Smt/Sri.R.N. Parthalinga, Advocate)
OPPOSITE PARTY	Reliance General Insurance Co., Ltd., Represented by its Branch Manager, Reliance General Insurnace Co., Ltd, P.B. Road, Opp: Jagaluru Mahalingappa Towers, Chitradurga.   (Rep by Smt/Sri.B.M. Ravichandra, Advocate)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the OP to direct the OP to pay Rs.9,00,000/- towards compensation with interest at the rate of 18% p.a, Rs.1,00,000/- towards mental agony and costs  and to grant such other reliefs.

2.     Brief facts of the complaint is that, the complainant is the RC owner of Mahindra XUV Car bearing Registration No.KA-16 M-8803 which was purchased from Mahindra showroom in the month of December 2012 and insured with the OP under Policy No.1406272311001640 valid from 20.03.2017 to 19.03.2018 covering third party risk unlimited, P.A for owner cum driver for an amount of Rs.2,00,000/- and also covering own damage of the vehicle for an amount of Rs.9,00,000/-.  It is further submitted that, on 17.09.2017 at about 10-29 PM near Avinahatti and Uganikatte, Vaddarahatti village, Holalkere Taluk, the above vehicle met with an accident as the Driver of the car has lost over control of the said car and dashed to the lorry bearing Registration No.KA-11 b-531 and in the said accident, the vehicle was entirely damaged.  After the accident, the complainant intimated the same to the OP insurance company through telephone.  Holalkere Police have registered a case in Crime No.0346/2017 on 18.09.2017 against the driver of the lorry.  After the intimation, the OP company appointed a Surveyor, who visited the place and inspected the vehicle at the accident place and told the complainant to leave the vehicle in any showroom for repair, for that the complainant left the vehicle in Mahanta Motors, Davanagere.  After that the complainant obtained the estimation from the said Motors, as per the estimation the cost of repair of the said vehicle was more than the IDV as the same was entirely damaged.  Till today the vehicle was not repaired and till today the vehicle is with the said motors.  The complainant visited the Branch Office at Chitradurga so many times and also give entire papers and estimation to the OP for settlement of the claim.  But the OP never settled the claim of the complainant.  Finally, the complainant called upon by the OP on 14.05.2018 and stated that, the OP will pay only Rs.7,00,000/- and he has to give voucher and vehicle has to be transferred in the name of OP.  But since the IDV of the vehicle is of Rs.9,00,000/- and the insurance company is paying less than the amount as per the policy, the same is against to the principles of natural justice and policy terms and conditions.  The conduct of the OP is showing that, they are trying to make loss to the complainant by grabbing money from the complainant and also to harass the complainant.  Again on 07.03.2018, the complainant has given letter to the OP asking to give final survey report and also own damage amount, but till today they have not paid the amount and not settled the claim of the complainant.  Hence, the conduct of the in not settling the claim without any proper reasons shows the deficiency of service.  OP has not settled the claim of the complainant in proper manner, for that the complainant has appointed one surveyor by name Himmat Kedar for assessment of the final survey and also he has given report that, the vehicle has been entirely damaged.  The cause of action for this complaint arise on 17.09.2017, the date of accident and also subsequent date on 07.03.2018 when the complainant has issued notice to the OP for settlement of the claim and issuing of the final survey report, which is within the jurisdiction of this Forum and hence prayed for allow the complaint. 

 3.    After service of notice, one Sri. B.M. Ravichandra, Advocate appeared on behalf of OP and filed his version.  According to the version filed by the OP, it is admitted that, the complainant is the RC owner of Car bearing Registration No.KA-16 M-8803 and the same has been insured with the OP under policy No.1406272311001640 for a period from 20.03.2017 to 19.03.2018 for an IDV of Rs9,00,000/-.  Further it is admitted that, the said vehicle met with an accident near Vaddarahalli village, Holakere taluk on 17.09.2017 at about 10-30 PM, for that, the OP has asked to produce claim form, DL, FC, Tax paid receipts, permit copy, FIR, cancelled cheque, Pass Book, Adhar Card, Repair Estimation Cost, Pan Card and ID Proof, RC, but the complainant has failed to produce the cancelled cheque, Pass Book and estimation copy.  After the accident, the OP has appointed one surveyor by name M. Murugendraiah and loss assessor to conduct final survey of the vehicle, who conducted the final survey and given report stating that, the net insurance liability amount payable to the complainant is of Rs.4,59,404/- only and as per the report the payable amount to the complainant is only Rs.4,59,404/- and after survey report the OP has intimated the complainant to repair the vehicle and to give original repair bills, but the complainant has not given original bills till this date.  For that, the OP has given letter on 02.03.2018 calling upon the complainant to give original repair bills, but the complainant has not given the repaired bills.  Therefore, the OP is not liable to pay any compensation to the complainant and hence, prayed for dismissal of the complaint.

4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 to     A-8 and closed his side.  One Sri.H. B. Guruprasad, of OP Company examined as DW-1 and relied on Ex.B-1 to B-6 documents and closed their side.     

 

5. Heard the arguments.  

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OP has failed to settle the claim towards repair of his vehicle, which met with an accident on 19.07.2017, when the policy was in force at the time of accident and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

       

7. Our findings on the above points are as follows.

 

        Point No.1:-Partly Affirmative.

        Point No.2:- As per the final order.

::REASONS::

 

8. Point No. 1:-It is not in dispute between the parties that, the complainant is the RC owner of XUV Car bearing Registration No.KA-16 M-8803, the same has been insured with the OP under policy No.1406272311001640 and the same was in force from 20.03.2017 to 19.03.2018, for an IDV of Rs.9,00,000/-.  On 17.09.2017 at about 10-30 AM, the said vehicle was met with an accident near Vaddarahalli, Holalkere Taluk and entirely damaged.  After the accident, the complainant intimated about the accident to the OP.  After that, the OP, appointed a surveyor for assessment of the damage caused to the vehicle.  The surveyor inspected the vehicle and given report assessing the damage caused to the vehicle for an amount of Rs.4,59,404/-.  At the time of accident, the policy was in force.  Further the OP is agreed that the complainant has intimated about the accident and the vehicle was left for repairs with Mahantha Motors, Davanagere.  After that the complainant has obtained estimation from the said Motors.  The complainant has also produced the final survey report the same has been prepared by the insurance surveyor and loss assessor by name M.C. Himmat Kedar on 01.09.2018.  As per the report submitted by the surveyor, the loss caused to the said vehicle is of Rs.9,54,854/- and the OP has also appointed his surveyor to assess the loss caused to the vehicle.  The surveyor of the OP has assessed the loss caused to the vehicle for Rs.4,59,404/-.  The final survey report issued by the complainant’s surveyor is of Rs.9 lakhs and add, but the OP surveyor issued only for Rs.4,59,404/-, it leads difference between both the parties.  

   9.        We have gone through the entire documents, affidavits, written arguments filed by both parties.  As per the documents produced by the complainant i.e., Ex.A-7, the survey report prepared by M.C. Himmat Kedar, the insurance surveyor and loss assessor, Ex.A-8 photos shows that, the vehicle has been entirely damaged.  The report given by the OP surveyor is not correct because as per the photos, the vehicle was entirely damaged.  The documents produced by the complainant clearly shows that, the policy was in force at the time of accident as per Ex.A-1.  The concerned police have also registered a case against the Driver of the lorry bearing Registration No.KA-11 B-531, it clearly shows that, there is no mistake committed by the driver of the complainant.  Here, the Forum has to consider that the report given by the complainant’s surveyor is correct.  As per the documents produced by the complainant i.e., photos clearly shows that, the vehicle was entirely damaged.  Therefore, the report given by the complainant’s surveyor is correct.  As per the survey report given by the complainant’s side, the vehicle has been damaged for more than 75%, hence, this Forum comes to the conclusion that, the vehicle has been damaged more than 75%.  Accordingly, the OP company has to pay the entire IDV amount of the vehicle, for that the complainant is to give 29 and 30 Form in the name of OP company and also the complainant has to handover the insurance policy, original RC and two keys of the vehicle to the OP company.  The IDV of the vehicle is of Rs.9,00,000/-, but the complainant himself stated in his complaint that, the cost of repair is of Rs.7,00,000/- and he is ready to receive Rs.7,00,000/- from the OP.  Therefore, this Forum comes to the conclusion that, the complainant is entitled for the IDV of the vehicle.  So, in any angle, we find that, there is a deficiency in service on the part of OP for not settling the claim of the complainant.    Accordingly, we answer Point No.1 held as affirmative. 

 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.9,00,000/- to the complainant along with interest at the rate of 9% p.a from the date of accident i.e., from 17.09.2017 till realization with a condition that, the complainant has to give 29 and 30 Form along with Original policy, Original RC and two keys of the vehicle.

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Lady Member after the correction of the draft on 10/01/2019 and it is pronounced in the open Court after our signature)

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OP:

DW-1:- Sri.H.B. Guruprasad, the Officer of OP Company by filing affidavit evidence

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Policy copy
02	Ex-A-2:-	FIR with complaint
03	Ex-A-3:-	IMV report
04	Ex.A-4:-	Spot Mahazar
05	Ex.A-5:-	Charge sheet
06	Ex.A-6:-	Letter dated 07.03.2018 by complainant to OP
07	Ex.A-7:-	Survey report
08	Ex.A-8:-	Photos

 

Documents marked on behalf of OP:

01	Ex-B-1:-	Policy copy
02	Ex-B-2:-	Claim form
03	Ex-B-3:-	Estimation dated 26.09.2017
04	Ex.B-4:-	Estimation dated 06.03.2018
05	Ex.B-5:-	Document request letter dated 10.10.2017
06	Ex.B-6:-	3 postal receipts

 

LADY MEMBER                               PRESIDENT

Rhr.