In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.173/2012.
1) Sri Jagadish Singh,
136, Netaji Colony, Kolkata-90. ---------- Complainant
---Versus---
1) Reliance Insurance Co.
Himalay House, 8th Floor,
38B, Jawaharlal Nehru Road,P.S. Park Street, Kolkata-71. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Samiksha Bhattacharya, Member
Order No. 14 Dated 29-10-2013.
The case of the complainant in short is that complainant has been carrying out a transport business in his own name The Vehicle the complainant owns is a truck of Tata make having a capacity of 25,000 kg and bearing regd. no.WB-23A-9337. The o.p. is on the other hand, a regd. insurance company incorporated under Companies Act, 1956.
Complainant as a transporter got his vehicle insured as first party with o.p. against the prospective loss and or damage to the vehicle. The policy bearing no.2404492334000004 and valid between 24.3.09 to 23.3.10. The complainant was very particular about maintaining the papers and documents relating to the vehicle namely Certificate of Registration, Tax Token, National Permit, Certificate of Fitness and Insurance etc.
Complainant has engaged two drivers for driving the vehicle round the clock to its destination and those two drivers were appointed after examining their licenses and also by taking driving test. These two drivers have been working under the complainant for last four years.
The vehicle of the complainant met with an accident on 16.4.09 at village Kanjipani, Orissa, while it was plying fully loaded with the consignment of the consigner, which resulted in the death of one of the drivers and a helper who were traveling in the said vehicle.
After the accident the local policy authority has seized all the necessary documents from the custody of the driver. Among the papers seized by the Police authority was a driving license of the deceased driver, which was subsequently found to be a fake one. Complainant has needless to say, suffered huge loss in monetary term which has cropped up due to extensive and huge damage to the vehicle.
Complainant has however, approached the o.p. for compensation of the damage caused to the vehicle by the accident in a prescribed manner. Complainant being desperate to get justice made a written representation on 29.12.09 afresh to the o.p. for compensation of the loss suffered due to the accident. In reply to the said representation the o.p. has by its letter dt.29.5.10 (i.e. after 5 months) repudiated the claim outright so lodged by the complainant on the ground of fake driving license alleged to have been recovered from the driver at the wheel who was reported to be seriously injured and in state of subconscious mind. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the accident occurred on 16.7.09 within the policy period at remote village in Orissa. It is admitted fact that one driver and one helper expired.
The complainant is not supposed to know whether the deceased driver was carrying fake license or not on which ground the claim was repudiated by the o.p. Though the complainant submitted that the repairing estimate provided by the garage was Rs. 4,33,531/-, he could not produce any relevant document thereof. We are in the view that insurance company is bound to pay some portion of the claim where an insurance article is damaged. In this connection we rely upon CTJ May 2010, Vol. 18 No. 5 Page 66 and therefore, complainant is entitled to get relief.
Hence
Ordered
That the case no. 173/2012 be and the same is allowed on contest with cost against o.p. That the o.p. is directed to pay Rs. 2,50,000/- towards the repairing cost of the vehicle in question. That the o.p. is also directed to pay Rs. 1,00,000/- for compensation and Rs. 1,00,000/- for financial loss incurred by the complainant. Complainant is also entitled to get litigation cost of Rs. 10,000/-.
O.p. is directed to comply with the aforesaid order within 45 days from the date of communication of this order in default the awarded amount shall carry @10% p.a. till full realization.
