MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed the C.C.Case No. 83/2022 U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Opp Party to pay the repairing expenditures of vehicle bearing Regd. No. CD-29F-8977 (Truck) amounting Rs. 1,71,558/- along with cost of 2 EMIs i.e Rs. 171400/- & Rs. 1,00,000/- towards mental agony & loss of business.
Brief fact of the complaint petition is that Complainant is the owner of vehicle(Truck, 14 wheeler) bearing Regd. Regd. No. CD-29F-8977 duly insured his vehicle on dt. 06.04.2021 vide Policy No. VGC073366000100 covering the period from dt. 09.04.2021 to 08.04.2022 and during currency of the Policy the vehicle met with an accident on dt. 08.10.2021 is state Highway No. 10(A) at Mahhuladiha which was registered as Police Case No. 41. The vehicle was damaged and after unloading the ironore the truck was shifted to Rashmi Motors, Manguli Chowk, Cuttack on dt. 09.10.2021 by towing through a crane by engaging morable brake down service agency, Cuttack observing all formality. After waiting for some time the Complainant paid Rs. 50,000/- as advance on dt. 11.10.2021 and also paid Rs. 5758/- to Rashmi Motors on 30.12.2021 i.e, at the time of delivery of truck.
After completion of repairing work Rashmi Motors claimed Rs. 9,69,859/- and Ops paid Rs. 1,60,000/- on 11.11.2021 and Rs. 7,54,101/- on dt. 30.12.2021 and thus paid Rs. 9,14,101/- in toto out of total claim amount of Rs. 9,69,859/-. The complainant also purchased tyre tube of Rs. 84,400/- & fitting charge of Rs. 400/- and expenses towards towing of truck amounting Rs. 31,000/- was also borne by the complainant and thus the complainant has paid Rs. 1,15,800/-, which required to be paid by Ops.
The Ops have filed their written version disputing the facts and submitted that the claim submitted has been settled and Complainant has signed the vehicle repairing satisfaction voucher and we find from the record that Complainant has signed the said voucher but even no date, seal and even vehicle number has been mentioned and it is only a printed from and contains the signature of complainant only.
We therefore held that both have some faults. So the loss should be shared 50:50. We therefore direct the Ops to pay Rs. 9,69,859 - 9,14,101= 55,758 / 2 =Rs. 27,879/- and we also impose Rs. 12,000/- towards mental agony and Rs. 8,000/- towards cost of litigation. The Ops shall pay the said amount within 45 days from the date of passing of this order failing which the Ops shall pay Rs. 300/- per day to the Complainant.
With the aforesaid observation & direction the C.C.Case No. 83/2022 is allowed and accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 19th day of March,2024.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
