JUDGEMENT
(Delivered on 31st day of March 2011)
(As per A. A.Jain, Honorable Member )
Complainant filed this complaint against Opposite Party for seeking various reliefs as per prayer clause :-
(1) Complainant’s case in short is that the complainant is owner of INDICA DLS car having R.T.O. Registration No. MH-35/P-1209. The complainant has purchased the above vehicle by taking finance of Rs.2,50,000/- from Magma Finance Corporation Limited. That, the complainant duly insured his vehicle with O.P. vide Policy No. 170570231100792 from dated 29-5-2010 to 28-5-2011. That the complainant has insured his above vehicle through agent of O.P. at Gondia.
(2) On dt. 20-6-2010 the said vehicle bearing Registration No. MH-35/P-1209 damaged due to accident suddenly turtle down due to breakage of left arm near Manohar Chowk, Gondia. At the time of accident vehicle was driven by Amit Yuvraj Rahangdale R/o. Tumkheda who holds valid and legal driving license at that time. That , the complainant had immediately intimated the fact of accident to Police Station Gondia and opposite party also. The opposite party had also appointed it’s surveyor who duly survey the vehicle and also takes photographs. The Surveyor also admits the fact that accident occurred due to breakage of left lower arm of vehicle and he also estimated the repairing cost of more than Rs.2,00,000/- .
(3) As per the advice of the Surveyor, vehicle was shifted in M/s. National Car care, Nagpur who also estimated the repair of Rs.2,04,600/-. Then the O.P. had repudiated the claim of complainant on dt. 25-10-2010 on false and baseless ground that the occurrence of accident is not recorded by Police and that the vehicle is damaged from left side in place of right side.
(4) That The complainant prayed O.P. be directed to pay repairing expenses Rs.2,04,600/- with 9% interest from 20-6-2010 till date of actual payment and also pay compensation of Rs.10,000/- towards mental harassment and Rs.5000/- towards litigation charges (Exh.1).
(5) In response to notice u/s 13 of C.P. Act, 1986, O.P appeared and filed his reply (Exh.09). O.P. denied that complainant had taken the vehicle to M/s. National Car Care, Nagpur as per the advice of the Surveyor of the respondent. O.P. further submit that the said garage is not the authorized dealers, repairer of the said manufacturing company and same was not advised by the Surveyor of the respondent. O.P. further submitted that the garage has given only the estimate of repair and same is not the amount actually incurred by the complainant for the repairs of the vehicle and same has no meaning in the eye of law. The repudiation letter dt. 25.10.2010 by O.P. is accepted and reason of repudiation has it’s bearing on the various reports submitted by the investigator and terms and condition of policy . O.P. further submitted that the present Forum has no territorial as well as pecuniary jurisdiction and complaint is not filed within the limitation.
(6) O.P. Submitted that there is no any official record in Police Station and basically spot panchnama is fabricated documents. O.P. prayed to dismiss this complaint by imposing exemplary cost of Rs.10,000/- upon the complainant.
7) O.P has filed written notes of argument (Exh.15) O.P. submitted that relief as prayed by the complainant are of technical nature and required appreciation of evidence and compliance with the other legal procedures which are beyond the scope and ambit of Honorable forum.
(8) On verifying all the records and hearing argument of complainant and gone through the submitted written notes of argument of O.P. only point arose for our consideration, whether the complainant is entitled for relief as per prayer clause and our finding is in `Positive` due to following reasons:-
REASONS
(9) Complainant has submitted the affidavit of one panch named Sunil S/o Vitthalrao Raut, Gurunanak Ward, Gondia. The above named panch submitted that on 20-6-2010 police requested him to act as panch for preparing spot panchnama of the vehicle bearing No. MH-35/P-1209. So this Panch has signed on the contents of spot panchnama. This Panch has submitted that the contents of Panchnama are true and correct. He also submits that Police Constable Shivshankar Tumble also signed the Panchnama in his presence. Another Panch Mahendra S/o Sakharam Deshmukh also submit the same version and also signed on the Panchnama. This clearly certified that the accident of vehicle took place. But there is no any injury to any person so offence was not registered by Police on driver or any other person.
10) O.P. submitted that the vehicle was hypothecated with Magma Financial Corporation. That, in case the Court found that the respondents are liable to pay any claim to the complainant, in that event the amount should be paid to the financer. But if claim amount paid to financer than how complainant can repair his vehicle and paid the finance amount. So it is not justified to direct Insurance Company to pay amount to the financer. If there is delay in paying amount of loan installment than financer has liberty to seize vehicle for recovery of his finance amount.
(11) Non- submission of estimated expenses to the complainant is deficiency in service on the part of O.P. and O.P. failed to prove that accident did not take place. Hence is liable to pay the compensation of the accidental vehicle to complainant.
(12) Complainant submitted one case law IV (2003) CPJ 458 West Bengal State Consumer Dispute Redressal commission Kolkata . “Manishi Estates Pvt. Ltd. Vs. New India Insurance Co. Ltd. Case No. SC/31/0 of 1999 Decided on 26.3.2003 it was held that (In short)- Consumer Protection act, 1986- Insurance- Vehicle met with accident, highly damaged- Insurance Company liable to pay estimated cost of repairs”.
This case law is identical to the case in hand.
Hence we proceed to pass following order:-
ORDER
(1) Complaint is allowed.
(2) O.P. is directed to pay claim of accidental vehicle of complainant Rs.2,00,000/- (Rs. Two Lacs only) within one month from the date of this order.
(3) No order to cost.
(A.A. Jain) (Smt .P.B.Potdukhe) (Smt. Alka Patel)
Member President Member
District Consumer Dispute Redressal Judicial Forum, Gondia.
