Haryana

StateCommission

A/58/2024

ROYAL SUNDRAM GENERAL INSURANCE COMPANY - Complainant(s)

Versus

SATPAL - Opp.Party(s)

VISHAL SHARMA

12 Aug 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA, PANCHKULA

 

 

M.A. No.1187 of 2024 in

First Appeal No.58 of 2024

                   Date of Institution:30.12.2023

          Date of Decision:12.08.2024

 

 

1.      Royal Sundram General Insurance Company Limited,
Rider House, Plot No.136, Sector-44, Gurugram

2.      Royal Sundram General Insurance Company Limited, R/o 21, Patullos Road,Chennai-600002.

3.      Royal Sundram General Insurance Company Limited, Corporate Claims Department Vishranti Melaram Towers, No.2/319, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai-600097.

          (now through its MOD Legal, Suganya KV)

…Opposite Parties No.1 to 3/Appellants

Versus

 

1.      Satpal aged about 38 years S/o Shri Lal Chand R/o Village Bupp, Sirsa, Tehsil and District Sirsa.

…Complainant/Respondent

 

2.      Girnar Insurance Brokers Pvt. Ltd., Govind Marg, Motidoongri Road, Dharam Singh Circle, Jaipur 302004 through its M.D./Authorized Person/Responsible Person.

…Opposite Party No.4/Proforma Respondent

 

 

CORAM:   Hon’ble Mr. Justice T.P.S Mann, President.

                    Mr.S.P.Sood, Judicial Member

                   Mrs. Manjula, Member.

 

 

 

Present:-    Shri  Vishal Sharma, counsel for the applicants/appellants.

 

 

O R D E R

T.P.S. MANN J.

 

The brief facts of the case are that the complainant got insured his Hyundai i20 car from the opposite parties (OPs) No.1 to 3 through OP No.4 online. The insurance policy was valid w.e.f. 28.12.2018 to 27.12.2019.  On 19.04.2019, he authorized his friend Shri Rajpal to drive the vehicle as he required the same and he was holding valid driving licence. When he was coming from his relations, he met with an accident as a stray cow suddenly appeared before the vehicle of complainant and while saving the cow the vehicle struck into the tree standing adjoining to the road. Intimation about accident was supplied to the OPs.  On 19.04.2019, the claimant filed claim with the OPs.  Surveyor was appointed, who investigated the matter thoroughly, but, they repudiated the claim on false grounds. The complainant filed complaint with the Learned District Commission, Sirsa, vide which the complaint was allowed and following relief was granted:-

“…. We allow the present complaint against OPs No.1 to 3 and direct them to pay the claim amount of Rs.1,74,906/- to the complainant alongwith interest @ 6% per annum from the date of filing of present complaint i.e.   25.09.2019 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the OPs No.1 to 3 to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5,000/- as litigation expenses to the complainant within above said stipulated period. However, complaint qua OP No.4 stands dismissed.”

2.       Feeling aggrieved,  OPs No.1 to 3-appellants have filed the present appeal for setting aside the impugned order.

3.      At this stage, learned counsel for the applicants/appellants have filed application under Section 151 CPC for grant of permission to withdraw the present appeal. Perusal of the file shows that the appeal was adjourned to 05.11.2024 for fresh notice to the respondents. Hence, the appeal is preponed from 05.11.2024 for today, i.e. 12.08.2024.

4.      Learned counsel for the applicants-appellants has submitted that the amount deposited with the Learned District Commission, Sirsa in compliance of the order dated 01.03.2024 passed by this Hon’ble Commission may please be ordered to be released in favour of the respondent No.1-Complainant.  Further submitting that statutory deposit of Rs.25,000/- deposited with this Commission may please be remitted to Learned District Commission, Sirsa for releasing in favour of the respondent No.1-complainant or in alternative be released in favour of the applicants/appellants.  Learned counsel for the applicants-appellants has also submitted that impugned order dated 02.11.2023 has already been complied with. The appellants have deposited the awarded amount after deducting the statutory amount with the concerned District Commission and prayed that the present appeal may kindly be allowed to be withdrawn. 

5.      In view of the above position, the present appeal is dismissed as withdrawn. 

6.      The statutory amount of Rs.25,000/- deposited by the appellants at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period limitation for filing of appeal/revision, if any.

7.  

8.      A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the Commission for  perusal of the parties.

9.      File be consigned to record room.

 

12th August, 2024              Manjula                  S.P.Sood                    T.P. S. Mann

                                                Member                 Judicial Member        President

 

S.K

(Pvt. Secy.)