Date of Filing: 23.05.2018 Date of Disposal: 02.08.2022.
Complainant : Ramesh Shar, S/O Chuni Lal Shaw, Vill. Gangpur, Jatram, P.O.& P.S. Burdwan, Pin- 713101, Dist. Purba Bardhaman.
-VERSUS –
Opposite Party : 1. Shriram General Insurance Co. Ltd . having its Registered and Head Office at E-8 EPIP Sitapura Industrial Area, Jaipur, Rajasthan, Pin 302022.
2. Manager, Shriram General Insurance Co. Ltd., P.C. Chatterjee Market, 3rd Floor, G.T. Road, Rambandhu Tala, Asansol, P.S. Asansol, Dist. Paschim Bardhaman, Pin- 713303.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
Appeared for the Complainant : Sk. Abbasuddin Ld. Advocate.
Appeared for the Opposite Party :
FINAL ORDER
The complainant has filed this case u/S 12 of the Consumer Protection Act, 1986 on 23.05.2018 against the OP Nos. 1 & 2.
The case of the complainant, in brief, is that the Truck bearing WB 41E 9642 was covered by Insurance Policy No. 334028/31/17/004456 at the time of accident on 17.11.2017 under the OPs. At the time of accident, the said truck was loaded with sand of 400 C.f.t. and the information was given to the OPs by toll free call mobile. The complainant claimed the insurance amount from the OPs i.e total repairing cost of Rs.4, 08,400/- and Crane fare of Rs.31, 000/- . But the OPs on 24.04.2018 gave a letter to the complainant mentioning they are not receipt of the documents in respect of the claim and at the same time OP also repudiated the claim on the grounds that the truck was grossly over-loaded which violated the terms and conditions of the policy. Under the above circumstances, the complainant, finding no other alternative but to lodge this case praying for directing the OPs to pay Rs.4, 08,400/- for repairing cost along with the crane fair of Rs.31,000/-. The complainant also prayed for compensation of Rs.40, 000/- for mental pain, agony and litigation cost of Rs.20, 000/- .
On 16.07.2019 as the OPs did not appear to contest the case by filing W/V , though notices were served upon them earlier i.e. on 25.3.2019 and 23.03.2019 , the case was fixed for ex parte hearing against them.
The complainant filed evidence-on-affidavit ex parte on 26.02.2020.
Decision with Reasons.
It is the case of the complainant that the vehicle in question was carrying 400 c.f.t. of sand while the accident took place on 17.11.2017 and the truck in question was removed to the repairing place by a crane with cost of Rs.31, 000/- and after completion of repairing, total repairing cost was Rs.4, 08,400/- and accordingly the complainant claimed the said amount from the OPs. But the OPs repudiated the said claim by taking plea that the truck in question had violated the terms and conditions by carrying the said sand by over-loading. The complainant corroborated the fact of the said case by evidence-on-affidavit. Long after filing of the evidence-on-affidavit, suddenly the OP Nos. 1 & 2 has filed a petition for taking off the case from ex parte board along with Written Version which was rejected but the Written Version was kept with the record. In the Written Version, the OPs also stated that the Insured did not produce the driving license of Mr. Kishore Singh, Original Royalty for Sand and FIR copy, KYC and AML documents rather truck in question was over-loaded at the time of carrying 400 c.f.t of send . It is further stated that the capacity of the vehicle was for carrying goods weighing 6500 Kg. i.e 16.5 tons whereas it was carrying 18782 Kg. of sand ie. 18.7 tons for which it was violated all the terms and conditions of the policy.
From the Xerox copy of the license in the name of Mr. Kishore Singh, it was valid from 30.07.2016 to 29.07.2019. The copy of FIR has been filed by the complainant from which it appears that the accident happened on 17.11.2017. From the fit certificate it is revealed that the vehicle was fit at the time of accident. Admittedly, the truck bearing No. WB 41E 9642 was carrying 400 c.f.t. of sand at the time of accident and the copy of
Transport Challan in FORM ‘D’ disclosed the same. Now we have to see the said factum of carrying sand of 400 Cft was over-loaded i.e. beyond the capacity of the truck in question to carry the same.
From the National Permit for goods carrier it is clear that the truck in question had capacity of carrying the goods weighing 16500 Kg. The OPs repudiated the claim on the ground of violation of the policy terms by carrying the said sand which was over-loaded and for that reason the complainant is not entitled to get insurance claim as per their policy.
Admittedly, the truck in question has a capacity to carry goods weighing about 16500 Kg. i.e 16.5 tons but the complainant calculated the 400 c.f.t of sand is 16000 Kg. i.e 16 tons and claims that no question arose regarding the over-loading of the truck. On the other hand, the OP calculated that 400 c.f.t of sand is 18782 Kg. i.e. 18.78 tons and it is clear that truck in question was carry8ing beyond its capacity of 16.50 tons .
According to the Measurement Rules of sand, it is as follows:-
1 c.f.t of sand is 45.87 Kg. So, 400 c.f.t of sand is 45.87 X 400 = 18368 Kg. = 18.36 tons.
Therefore, it can be said that the truck in question was carrying sand of 400 c.f.t i.e. 18368 Kg. = 18.36 tons which is beyond the capacity of the truck in question, as the truck in question had capacity of carrying sand of 16.50 tons. It is palpably clear that the truck in question was over-loaded which attracts the terms and conditions of the Insurance Policy. According to the terms and conditions of the policy, if it be the fact, then the owner of insured vehicle cannot claim insurance amount by causing accident by the truck in question during over loaded goods it is not covered under the Insurance Policy.
Under the above facts and circumstances, we are of opinion that there is no deficiency in service on the part of the OP Insurance Company and the OP-Insurance Company has rightly repudiated the claim of the complainant.
Hence, it is
ORDERED
That the Consumer Complaint No. 83/2018 be and the same is hereby dismissed ex parte but without any cost.
Let a copy of this order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member President
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C , Purba Bardhaman.
