Order No. 19 dt. 31/08/2017
The case of the complainant in brief is that the complainant purchased a vehicle for own driving at a cost of Rs.17,76,350/- from the o.p. no.3 in the year 2012. The vehicle was registered being no.WB23C 5060. The said vehicle was insured with the insurance company being policy no. 334027/31/12/005429. The policy was valid from 30.03.2012 to 29.03.2013. the premium of the policy was Rs.36,907/-. The said vehicle met with an accident and the same was burnt by the mob. After the said incident an FIR was lodged at Deoghar P.S. being an FIR No.149(II) dated 18.10.2012 and the said vehicle is still lying at Kandil Bazar under Deoghar P.S. The complainant lodged a complaint to the o.p.no.2 through mobile phone and subsequently the submitted the claim with the necessary document at the office of the o.p.2 on 23.10.2012. The complainant through his representative submitted his claim to the o.p. on 07.03.2013. The complainant due to such incident could not file the necessary documents to the insurance company after the claim made by the complainant and inspection was made by the insurance company. Subsequently the claim of the complainant was repudiated because of such denial the complainant filed this case praying for direction upon the o.p.nos. 1 and 2 to pay the legitimate claim of the complainant and also prayed for compensation of Rs.2,00,000/- as well as litigation cost of Rs.10,000/-.
The o.p. nos.1 and 2 contested the case by filing w/v stating inter alia that the case filed the complainant is fully based on falsehood. The o.ps also denied all the material allegations of the complaint. The liability of the insurance company is subject to due fulfillment of terms and conditions of the policy. The complainant failed to intimate to the insurance company about the damage of the insured vehicle within a reasonable period and thereby violated condition no. 1 and 9 of the insurance policy. The alleged incident occurred on 18.10.2012 but the claim had been intimated by the insured to the insurance company on 07.03.2014. The complainant failed to submit all necessary documents to the o.ps within a reasonable time and as such the claim of the complainant could not be processed. The o.p. intimated the same to the insured vide letter dated 26.08.2014.It was further alleged that there was no deficiency in service or any unfair trade practice on the part of the o.p.nos. 1 and 2. On the basis of the said fact the o.ps prayed for dismissal of the case.
On the basis of the pleadings of the respective parties the following points are to be decided:
- Whether the complainant’s vehicle was insured with the insurance company?
- Whether the complainant informed the insurance company regarding the accident within a reasonable time?
- Whether there was any deficiency in service on the part of o..nos 1 and 2?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant being the owner of the vehicle no. WB23C 5060 (Truck) was insured with the insurance company and paid premium of Rs.36,907/-. While the policy remained valid the vehicle met with an accident and mob burnt the said vehicle. The complainant informed the said fact to the insurance company with the all the documents necessary for establishing the claim of the complainant. In spite of observance all the formalities as sought for by o.p.nos. 1 and 2 the claim of the complainant was not entertained for which the complainant filed this case praying for direction upon the o.ps for releasing the amount of Rs.17,00,000/- as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that the alleged incident took place on 18.10.2012 but the claim had been intimated by the insured to the insurance company on 07.03.2014.The complainant was informed as to why the claim was repudiated. In spite of such information the complainant by making such false allegations filed this case which has got no merit for which the o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact the complainant being the owner of the vehicle insured the same with the insurance company. The complainant alleged that due to mob fury the vehicle was set on fire on 18.10.2012 though the complainant claimed that the incident took place on 18.10.2012 and the claim was made immediately after the said incident but no effective step was taken by the o.ps. In order to prove the said fact the complainant failed to produce any documentary evidence to that effect. As per the terms and conditions of the policy the condition no.1 of the insurance policy states that notice shall be given in writing to the company immediately upon the occurrence of any accident or loss or damage and in the event of any claim and thereafter the insured shall give all such information and assistance as the company shall require. It appears from the materials on record the complainant failed to submit all necessary documents to the o.ps within a reasonable time as such the claim of the complainant could not be processed and finally the same has been repudiated. The o.p. intimated the same to the insured vide letter dated 26.08.2013 since the complainant himself being the insured made a breach of policy of the terms and conditions and deprived the insurance company from conducting a survey of the damaged vehicle and also from exploring the possibility of any salvage value and as such insurance company is not legally liable to indemnify the insured. In view of such facts and circumstances of the case and relying on a decision being first appeal no.321 of 2005 we hold that the case filed by the complainant has got no merit and the same is dismissed accordingly.
Hence, ordered.
that the c.c.no.219/2014 is dismissed on contest without cost against the o.p nos.1 and 2 and exparte against the o.p.no.3.
Supply certified copy of this order to the parties free of cost.
