West Bengal

Paschim Midnapore

CC/9/2015

Shukla Pal - Complainant(s)

Versus

Sr. Manager, United India Insurance Co. Ltd. - Opp.Party(s)

18 Feb 2016

ORDER

                                                              DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

 Kapot Chattopadhyay, Member.

   

Complaint Case No.09/2015

                                                        

                                        Shukla Pal………………………………..….……Complainant.

Versus

 

                                       Sr. Manager, United India Insurance Co. Ltd.........…..Opp. Party.

 

              For the Complainant: Mr.  Pradip Kumar Neogi, Advocate.

              For the O.P.               : Mr. Ashok Palodhi, Advocate.

 

Decided on: -18/02/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is the registered lawful owner of Maruti 800 Suzuki ORD vide vehicle no.WB/34/U/5515 and she has obtained private car package policy in respect of the said vehicle from the opposite party vide policy no.0350003113P105263739.  The validity of the said policy was on and from 21/11/2013 to the midnight of 19/11/2014.  On 03/01/2014, while the complainant herself was driving the said Maruti Car,  then at about 8 p.m. at Mohanpur one truck dashed the Maruti Car and smashed the vehicle.  The complainant and her accomplish however saved their life.  The driver of the offending vehicle managed to flee away.  On the next day, the complainant lodged a G.D. entry at Kharagpur (Local) P.S. vide Kharagpur (Local) P.S. G.D. entry no.206 dated 04/01/2014. 

Contd…………………P/2

 

 

 

( 2 )

The complainant shifted her damaged Maruti Car to Bhandari Automobiles Pvt. Ltd. for repairing and they gave an estimate of Rs.1,94,516.43/-. As the said probable repair cost supplied by the Bhandari Automobiles Pvt. Ltd. was unbearable for the complainant, so she had chosen another body repairing workshop namely “SAHARA BODY REPAIRING WORKS” and the complainant incurred Rs.1,12,905/- for repairing of the damaged vehicle.  Since the vehicle was heavily damaged, so it can be safely presumed that the complainant has to incur heavy amount for  massive repairing i.e. Rs.1,12,905/-.  The insured declared value was Rs.1,12,000/- for the Maruti Car of the complainant on 20/11/2013 i.e. on the date of obtaining insurance policy and the depreciation should be 10% as the vehicle was just five years old and on basis of 10% depreciation, the complainant should receive Rs.1,04,615/- towards claim amount but the opposite party has paid Rs.48,700/- only towards claim.  Complainant gave several representations on 30/07/2014, 01/08/2014 but the opposite party did not show any interest for redressal of the grievance of the complainant.  It is stated that the complainant is legally entitled for an amount of claim of (Rs.1,01,615-Rs.48,700)=53,915 and Rs.10,000/- for mental agony and Rs.5,000/- as litigation cost  totaling Rs.68,915/- . Hence, the complaint.

                     Opposite party-Insurance Company has contested this case by filling a written objection.

                     Denying and disputing the case of the complainant, it is the specific case of the opposite party that the petitioner is an owner of the damaged vehicle but the alleged vehicle is old one and according to Insurance Act and the Rules it should be deducted depreciation value from the date of manufacturing.  The opposite party, after enquiry and as per assessment of the surveyor, paid all dues to the complainant. The opposite party therefore claims dismissal of the case.

Point for decision

                      Is the complainant entitled to get the reliefs, as sought for ?    

                   

Decision with reasons

In this case, the complainant has filed an affidavit-in-chief in support of her case but the said affidavit-in-chief was not tendered in evidence for cross-examination.  Apart from that, the complainant has filed few documents.  On the other hand,  opposite party has examined one witness namely Asit Baran Das, the Deputy Manager of the Opposite party- Insurance Company as OPW-1 and during his evidence, a surveyor’s report and a duplicate copy of insurance certificate have been marked as Exhibit-A-series and B respectively.

Admittedly, the vehicle in question is owned by the complainant and she met with an

Contd…………………P/3

 

 

 

( 3 )

accident on 03/01/2014.  Admittedly, the vehicle in question was duly insured on the date of accident covering  the period of insurance from 20/11/2013 till the midnight of 19/11/2014 with the Opposite party-Insurance Company.  It is not denied and disputed that after the accident, the vehicle was taken to Bhandari Automobiles Pvt. Ltd., who gave an estimate of Rs.1,94,516/- as repairing cost.  According to the complainant said probable repairing cost of Rs.1,94,516/- was unbearable for her  and therefore she got her vehicle repaired in another workshop named “SAHARA BODY REPAIRING WORKS” and she  has to incur a total sum of Rs.1,12,905/- as repairing cost of her damaged vehicle.  Complainant has filed copies of documents of such repairing cost.  According to the complainant, in spite of that the Opposite party-Insurance Company only paid Rs.48,700/- towards repairing cost under the said policy.  As against this, it is the case of the opposite party that as per report of surveyor, so appointed by them,  the claim has been settled at Rs.48,700/-.  Further according to the opposite party that the vehicle is old one and according to the Insurance Acts and Rules, it should be deducted depreciation value from the date of manufacture.  At the time of hearing of argument, Ld. Lawyer for the complainant draws our attention on the copy of policy certificate wherefrom we find that the Insured Declared Value of the vehicle was Rs.1,12,000/-.  Relying upon that document regarding Insured Declared Value, Ld. Lawyer of the complainant submitted that the Insured Declared Value is assessed on the date of issuing the policy after deducting the depreciation value of the vehicle and since the repairing cost exceeded 75% of the Insured Declared Value, so the complainant is  entitled to get repairing cost after deduction of 10% upon that Insured Declared Value.  In this regard, we find from the cross-examination of PW-1, who happens to be the Deputy Manager of the Opposite party-Insurance Company that he has admitted in his cross-examination that IDV i.e. Insured Declared Value is assessed on the price of the second hand vehicle after depreciation and IDV differs in each year.  He has further stated in his cross-examination that IDV shall be treated as the market value throughout the policy period without any further depreciation for the purpose of total loss.  In this case we find that the total loss of the vehicle exceeded 75% of the IDV of the vehicle and the opposite party should have pay to the complainant a sum of Rs.1,00,800/- after deducting 10% depreciation only from IDV as the present case is a case of cumulative total loss but the opposite party has  only paid Rs.48.700/- only to the complainant.  The complainant is, therefore, entitled to the rest amount of Rs.52,100/-.  In addition to that, complainant is also entitled to get Rs.2,000/- as compensation and  Rs.1,000/- as litigation cost total amounting to Rs.55,100/-.

                                              Hence, it is,

                                                     Ordered,

                                                       that the complaint case no.09/2015  is

Contd…………………P/4

 

 

 

( 4 )

allowed in part on contest. The Opposite party-Insurance Company is directed to pay Rs.52,100/- towards balance amount of repairing cost of the vehicle to the complainant and to pay Rs.2,000/- as compensation and Rs.1,000/- as litigation cost total amounting to  Rs.55,100/- within a month from this date of order.

               Dictated & Corrected by me

                                Sd/-                                 Sd/-                        Sd/-                         Sd/-

                           President                          Member                 Member                  President

                                                                                                                              District Forum

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