This is a complaint U/S 12 of the C. P. Act, 1986 with the prayer for an order directing the O.P. to pay the cost of damage vehicle Rs.1,26,730/- along with compensation of Rs.55,000/- together with litigation cost of Rs.5,000/- and other relieves.

The complaint case in short is that the complainant has insured his vehicle bearing No.W.B.59a/5609under the O.P. with Policy being No. 1515712334000023, valid from 22-04-11 to 21-04-12 and the sum assured for Rs.19,00,000/-. The said vehicle met with a road accident on 24.04.2011 and badly damaged. Thereafter, the complainant informed the matter of the accident of the vehicle to the O.P. concerned and the O.P.’s engaged panel surveyor inquired the matter and also assessed the extent of damage of the vehicle-in-question in consequence of the accident. After enquiry, the complainant submitted an estimate and filed claim of Rs.1,26,730/- only for repairing the above vehicle-in-question before the O.P. insurer. Thereafter, several reminders were given to the O.P. by the complainant to get claim amount. But the O.P. insurer has not taken any steps for the said payment. For deficiency in providing service on the part of the O.P. the complainant filed this complaint before this Forum with the prayer as mentioned above.

The O.P. has contested the case by filing W.V. while denying all the allegations made by the complainant and stating inter alia that the complainant never informed the O.P. regarding the accident of his insured vehicle. The O.P. mentioned in his W.V. in para No.12 that the O.P. enquired the matter and engaged one surveyor for assessing the same and the said surveyor assessed the damage of the vehicle-in-question of Rs.61,705/- and the complainant received the damage claim of Rs.30,405/- by A/c payee cheque vide No.182129, dated 01.03.2012 from the O.P. but the complainant suppressed this actual fact. Moreover, the O.P. asserted in his W.V. that without repairing the damage vehicle-in-question, the O.P. is not bound to pay any claim amount and other charges in respect of alleged vehicle to the complainant.

To establish the case the complainant has filed some photo copies of documents which have not been challenged by the O.P. by adducing any evidence.

DECISIONS WITH REASONS

We carefully peruse the contents of the petition of complaint, W.V. Documentary evidence on record and arguments advanced by the Ld. Lawyers for both the sides.

It has been revealed from the Xerox copy of the insurance policy filed by the complainant that the complainant insured his vehicle, truck (new) being No.WB-59A/5609, engine No. 11B62994312 and chasis No. MAT466375B3B04277 under the O.P. insurer with policy No. 1515712334000023 valid from 22.04.2011 to 21.04.2012 and sum assured for Rs.19,00,000/-. According to the complaint petition above vehicle met with an accident on 24.04.2011 and said vehicle was badly damaged. But there is nothing in the record which is proves the above fact of the accident or the matter of any intimation regarding the accident which had been given to the O.P. just immediate after the said accident on 24.04.2011. But we see from the record that the complainant only files six numbers of documents for bills/ cash memos/ vouchers of total Rs.1,26,730/- as repairing charge of the damage vehicle in question. From the O.P.’s W.V. and during the course of hearing of argument advanced by the Ld. Lawyer of the O.P. submitted that after the above accident O.P. enquired the damage vehicle by engaging their panel surveyor who assessing the same and assessed the extent of damage of the vehicle-in-question for Rs.61,705/- and as per O.P.’s version he already paid Rs.30,405/- by a A/c payee cheque vide No.182129 dated 01.03.2012 to the complainant. But there is nothing in the record which shows that the complainant has received any such damage claim from the O.P. on 01.03.2012. Even the some Xerox copies of the documents showing the actual repairing cost of the damaged vehicle-in-question incurred by the complainant are not coming for consideration.

Today the complainant by filing a petition dully supported by an affidavit, submitted before this Forum that if an order directing the O.Ps to pay total Rs.31,300/-, is passed, his purpose will be served. During the course of hearing argument the Ld. Advocate of the O.P. submitted that if such order directing the O.P. to pay such amount of Rs.31,300/-, is passed, the O.P. will not suffer and the

O.P. is willing to pay such amount to the complainant. It is essential to mentioned that the copy of the petition filed this day has been served upon the O.P. through its Ld. Advocate named Ardhendu Sekhar Das who received the same with the endorsement “no objection” in the margin of the petition.

In the changed circumstances, we find nothing to make any further discussion regarding admissibility of the documents find on behalf of the complainant and we hold that to pass an order directing the O.P. to pay total Rs.31,300/- covering all the claims made by the complainants in his complaint petition , will meet the ends of justice.

In view of the above discussions, the claim of the complainant succeeds in pert.

Fees paid is correct.

Hence, it is

ORDERED

that the complaint case being No.98/2012 is allowed in part on contest without cost against the O.P. insurer.

 the complainant do get an order/award for total Rs.31,300/- covering all the claims as mentioned in the complaint, against the O.P. The O.P.  is directed to pay Rs.31,300/- as awarded within two months from this day failing which the awarded amount of Rs.31,300/- will carry the interest at the rate of 8% p.a. from the date of filing of this complaint till the date of full realization and on the  failure to pay such awarded amount by the O.P. within the time specified, the  complainant will be at liberty to put  this order  in execution as per provisions of law.

Let true copies of this order be supplied to the contesting parties free of cost.