Jharkhand

Bokaro

CC/5/2022

Mina Devi - Complainant(s)

Versus

Senior Branch Manager, National Insurance Co.Ltd. - Opp.Party(s)

K.K Dharmraj

21 Nov 2022

ORDER

               

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-10-01-2022

Date of final hearing-21-11-2022

 Date of Order-21-11-2022

Case No. 5/2022

Mina Devi W/o Sri Arun Kumar C/o Sanjay Singh Arunodya Niwas,

Ashok Vatika Colony, P.O. and P.S.- Chas, Bokaro, Jharkhand

Vs.

1. Senior Branch Manager, National Insurance Co. Ltd. Natraj Manson, Bye Pass Raod, P.S. and P.S.- Chas, District- Bokaro, Jharkhand, Pin 827013

2. Divisonal Manager, National Insurance Co. Ltd. C-27,City Centre, Sector-4, Bokaro, Steel City, Pin-827004 

 

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

        Shri Bhawani Prasad Lal Das, Member

          Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgement-

 

1. Complainant has filed this case for order against O.Ps. to pay her Rs. 10,00,000/- with 12% interest as price of the Mini Truck, Rs. 30,000/- as compensation and Rs. 25,000/- as litigation cost.
2. The case of the complainant in short is that she is owner of the LPT TATA 407 Truck having registration no. JH09M-1521 insured with O.Ps. vide policy No. 17040131166300012269 valid from 18.12.2017 to 17.12.2018. Further case is that on 02.11.2018 said truck met with an accident for which SDE No. 32/2018 dt. 03.11.2018 was registered under Govindpur P.S. of Dhanbad District. Further case is that claim of the complainant was repudiated by the O.Ps. due to different name of the driver mentioned in station diary and driving license, though Lankeshwar Mahto is nick name of Sunil Mahto hence this case has been filed with above mentioned prayer.
3. O.Ps. have filed W.S. mentioning therein that case has been filed with malafide intension and concealment  of fact. The complainant has deliberately created a different driver with driving license which is breach of terms and conditions of the insurance policy hence claim has been repudiated.
4. Now, we have to decide whether complainant is entitled to get the relief as claimed ?
5. As per annexure-1 it is photo copy of the SDE No. 32/2018 of Govindpur P.S. accordingly said truck was being driven by Lankeshwar Mahto. Annexure-2 is photo copy of the certificate of registration of the vehicle concerned. Annexure- 3 is the driving license of one Sunil Kumar Mahto issued from DTO , Bokaro.  Annexure-7 is photo copy of claim repudiation letter in which it is mentioned that “ After perusing the FIR No. 32/2018 dt. 03.11.2018 submitted by you related to above claim we found name of driver is Lankeshwar Mahto, whether you have furnished Sunil Kr. Mahto’s D.L. in office which is mismatch with FIR. You have also submitted an affidavit regarding name of driver being Sunil Kr. Mahto and Lankeshwar Mahto being his nick name. But you have not corrected the name of driver in FIR. Under this circumstance we are unable to settle your claim and will close the claim at our end”. In this way it is apparent that complainant herself has given two names of the driver one is Lankeshwar Mahto as mentioned in the SDE and another is Sunil Kr. Mahto as mentioned in the Driving License. Therefore, complainant must be directed to get it be corrected.
6. In the given facts we are of the view that this case may be disposed off with certain observation. Accordingly this case is being disposed off with direction to the complainant to take steps for correction of the FIR as indicated by the Insurance co. and thereafter, to approach the O.Ps. for settlement of her claim. On doing so the Insurance Co. i.e. O.P. No.1 & 2 shall settle the matter within 3 months from the date of approach.

 

(J.P.N. Pandey)

                                                                                      President

 

                                                                                               

    (B.P.L Das)

   Sr. Member

 

 

                                                                              (Baby Kumari)

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