West Bengal

Paschim Midnapore

CC/28/2021

Papun Mahish - Complainant(s)

Versus

Royalsundram General Insurance Co. Ltd. - Opp.Party(s)

Namrata Chowdhury

05 Nov 2024

ORDER

-1-

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PASCHIM MEDINIPUR.

Samiran Dutta, Ld. President

-and-

Angshumati Nanda,Ld.Member.

 

Complaint Case No.C.C/28/2021

 

Papun Mahish

S/O- Khagen Chandra Mahish

Vill:- Nimtala

P.O.- Pirakata

P.S-Salboni

Dist- Paschim Medinipur

………….….……Complainant.

-Versus-

 

1. Royalsundram General Insurance Co Ltd

Represented by its Manager,

Registered office,

21, Patullos Road,

Chennai- 600002.

 

2. Royalsundram General Insurance Co Ltd

Represented by its Manager

Atwal Estate Building Tower,

1st floor At- O.T. Road Near KGP College

Khargapur,Paschim Medinipur  

     .........................Opposite parties

 

 

 

 

 

 

 

Date of filing: -25.03.21                                                                                                   Date of disposal:-05.11.24

Order No.29                                                                                                              

Contd..2.

 

-2-

       C.C. Case No. CC/28/2021

FINAL ORDER/JUDGEMENT.

Samiran Dutta, Ld. President:-

 

Both parties file hazira through Ld. Advocate. The case is fixed for argument. After hearing argument / written argument from the both sides the Commission proceeds to dispose of the case as hereunder. The Complt. case is that he is the owner of registered vehicle No. being WB34AM3405 duly insured with O.P / Insurance Company policy no. being MOP5768494000100 valid from 19.10.19 to 18.10.20. On 28.01.20 at about 3:30 pm the complt. along with his friend’s wife Sonali Mahato while riding the insured vehicle met with a road accident on a road side tree at Pidrakuli Chawk under Salboni P.S whereby the vehicle was totally damaged giving rise to Salboni P.S Case No. 38/2020 dated 14.02.2020 u/s 279/338/337/427 IPC. The incident was reported to O.P insurance company in due time followed by claim application but the claim was repudiated by later dated 11.11.20 on flimsy ground on use of the vehicle for hiring purpose. The damage vehicle was repaired at Sahanaj Auto Centre and the estimated bill was Rs.1,24,000/- as the cost of repair of the damaged vehicle. The Complt. has approached the Commission for appropriate relief.

O.P / Insurance company contested the case reiterating the same point of repudiation in the written version 

Decision with reasons:-

Having regard to the fact of the case contention submission and documents of both sides the Commission finds that the Complt. has incurred Rs. 1,24,000/- as the repairing cost of the damaged vehicle but the authorized surveyor vide report dated. 03.08.20 has assessed the loss and damage of the vehicle in question at Rs. 79,752/-. Ld. Advocate for the O.P has contended that though it was a private vehicle but the same was used for hiring purpose at the time of accident. There is no material on record to justify this fact at the time of accident. Rajnarayan Mahish was riding the damaged vehicle who is in possession of the valid driving license. Considering the estimate bill and the surveyor report the Commission is inclined to fix the liability of the O.P / Insurance Company at Rs.1,00,000/- to meet the expenditure of repairing cost of the damaged vehicle.

Hence it is,

Ordered.

 

that the case be and the same is allowed on contest but without cost. The O.P / Insurance Company is directed to pay to the Complt. Rs. 1,00,000/- with litigation cost of Rs. 20,000/- within a month from this date in default law will take its own course.

Let a plain copy of this order be given to the parties free of cost.

 

 

(Smt.A.Nanda)                                                                                                               (Samiran Dutta)

  Ld. Member                                                                                                                     Ld. President                                                                                                                                                          District Commission

                         Paschim Medinipur