Haryana

StateCommission

A/647/2015

UNIER4SAL SOMPO GEN.INSURANCE CO. - Complainant(s)

Versus

SPS INTERNATIONAL - Opp.Party(s)

SAHIL ABHI

18 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      647 of 2015

Date of Institution:      03.08.2015

Date of Decision :       18.08.2015

Universal Sompo General Insurance Company Limited having its registered office at Unit 401, 4^th Floor, Sangam Complex, 127, Andheri Kurla Road, Andheri (East) and Regional Office at SCO 39 and 40, 1^st Floor, above Union Bank, Sector-31, Gurgaon-122002 and through its Manager and Office No.401, Shalimar Logix, 4 Rana Pratap Marg, Lucknow-226001 (U.P.), through its Regional Manager.

 

                                      Appellant-Opposite Party

Versus

 

SPS International, having its registered office at SPS School, Railway Road, Palwal, District Palwal, through its Chairman, Shri Suresh Kumar.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                              

Present:               Shri Sahil Abhi, Advocate for appellant.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

Universal Sompo General Insurance Company Limited (for short ‘the Insurance Company’)-Opposite Party, is in appeal against the order dated May 27^th, 2015, passed by District Consumer Disputes Redressal Forum (for short District Forum), Palwal.

2.      SPS International through its Chairman Suresh Kumar-Complainant (respondent) got its school bus insured with the Insurance Company from January 2^nd, 2012 to January 1^st, 2013. The Insured Declared Value (for short ‘IDV’) of bus was Rs.12,82,500/-.  During the subsistence of the Insurance Policy, the bus met with an accident on January 16^th, 2013 and was damaged in the area of Patli Khurd, District Palwal. In the accident, a motorcyclist also died. After the accident fearing threat to his life, the driver of the bus fled from the place of occurrence. The Police was informed upon which F.I.R. No.15 dated 16.01.2013 registered. The bus was set on fire by the mob, while being carried to Police Station. Accordingly, F.I.R. No.16 dated 16.01.2013 was registered. The Insurance Company was informed. The complainant filed claim with the Insurance Company but the same was repudiated. Aggrieved complainant filed complaint under Section 12 of the Consumer Protection Act, 1986.

3.      The Insurance Company-opposite party, in its reply stated that intimation of occurrence was lodged by the complainant with the Customer Care Centre of the Insurance Company on 23.01.2013. The Insurance Company deputed investigator namely M/s G.B. Mathur & Company to investigate the matter who submitted report dated 22.07.2013. It was stated that the complainant had obtained the insurance policy on 16.01.2013 but it was ante dated and ante timed to 14.01.2013 commencing risk from 15.01.2013 to 14.01.2014, that is, after occurrence of fire by the miscreants and therefore the Insurance Company was not liable to pay the benefits of Insurance.

4.      After evaluating the pleadings of the parties and the evidence brought on the record, the District Forum accepted the complaint and issued direction to the Insurance Company as under:-

“(i)     To pay Rs.11,81,000/- to the complainant 2 9% per annum from the date of filing of the complaint till its realization. The amount of Rs.1,00,000/- have been deducted of salvage and Rs.1500/- as depreciation amount from IDV of Rs.12,82,500/-.

(ii)      To pay Rs.50,000/- on account of harassment and mental agony caused and suffered by the complainant and also he is compelled to pay interest to the ICICI bank on the borrowed loan.

                                      And

(iii)     To pay Rs.5100/- as litigation expenses to the complainant. The above all directions are to be complied within 45 days from the receipt of the copy of this order failing which the opposite party will be further burdened to the tune of Rs.3,00,000/- (Three Lakh) as compensation in addition to the above mentioned awarded amount.”

5.      It is not disputed that the bus was insured with the Insurance Company and the same was damaged in an accident and thereafter was set on fire by some miscreants. The Insurance Company-appellant though insured the bus taking IDV at Rs.12,82,500/-, however, after accident malafidely took IDV at Rs.11,12,000/-. Thus, the District Forum has rightly awarded to the complainant the compensation taking into account the report of the surveyor and other circumstances. In this view of the matter the order passed by the District Forum does not call for any interference.

6.      Hence, the appeal is dismissed being devoid of any merit.

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

 

Announced 18.08.2015

(Urvashi Agnihotri) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

CL