Mr. Nityasundar Trivedi, Member

This Appeal arises out of grievance of the Bajaj Allianze General Insurance Co. Ltd. and another regarding the Judgment dated 21.11.2019 vide Order No.11, passed by the Ld. DCDRF, Paschim Medinipur in CC/49/2019 in which Mr. Sukdeb Das, was the Complainant and Bajaj Allianze General Insurance Co. Ltd. was the O.P who was directed to pay a sum of Rs.1,90,000/- (Rupees One lac ninety thousand) + @ 9% interest from the date of the accident.                                                 

The gist of the case is:

An accident occurred on 09.07.2018 in Gangajalghati, (Bankura District) for truck No.WB 33C 8818 following which the Complainant of that case claimed Rs.7,15,000/- (Rupees Seven Lac fifteen thousand) as insurance sum payable to him, his insurance validity being obtained on payment of premium of Rs.98,998/- (Rupees Ninety eight thousand nine hundred & ninety eight only) per annum covering the period 09.02.2018 to 08.02.2019 (midnight).  The sum assured was Rs.23,00,000/- (Rupees Twenty three Lac only).  The O.P, Baja Allianze General Insurance Co. Ltd. agreed to pay Rs.2,58,200/- (Rupees Two Lac fifty eight thousand  two hundred Only) against the claim amount of Rs.7,15,000/-(Rupees Seven Lac fifteen thousand only).

Being aggrieved with the decisions of the Insurance Company, the Appellant, (the O.P at the District Level) filed CC/49/2019 on 19.06.2019.  The O.P at the District Level, virtually did not contest this case seriously, as manifested from the fact that they did not care to submit the written version at the District Forum within the statutory period.  They also absented several times during the hearing stage even after they filed Vokalatnama.  Accordingly, the District Forum had no option but they decide this case ex-parte basis and ultimately ex-parte Judgment was passed on 21.11.2019.

The District Forum is seen to have taken cognizance of the G. D. Entry dated 11.07.2018 (G.D.E No.580 dated 11.07.2018) and letter of the Insurance Company dated 06.03.2019 in which the fact of accident and damage of the vehicle due to accident was admitted by the Insurance Company.  Ld. District Forum also took note of the fact that the Insurance Company agreed to pay Rs.2,58,200/-(Rupees Two Lac fifty eight thousand & two hundred only) before this case was initiated at the District Forum.

As the O.P did not contest this case by adducing any evidence, so in absence of any evidence to the contrary from the O.Ps the District Forum had no option but to accept the unchallenged testimony produced from the end of the Complainant’s side.

From the submission of the Ld. Advocate of the Complainant dated 10.04.2019, a loss of Rs.4,60,000/- (Rupees Four Lac sixty thousand only)was placed before the D.C.D.R.F, as cost of repairing of the vehicle which met the accident. 

Accordingly, the District Court after applying their judicial mind, reached at the conclusion that the claimed amount was justifiedly entitled to the Complainant as compensation amount payable to the owner of the vehicle for the accident in the backdrop of valid insurance premium paid covering the period 09.02.2018 to 08.02.2019 (midnight). 

The sum insured for the vehicle was Rs.23,00,000/- (Rupees Twenty three Lac only) much higher than the claimed amount Rs.4,60,000/- (Rupees Four Lac sixty thousand only).  Judging from this angle when there was practically no resistance from the side of the O.P, Insurance Company, the amount claimed supported by vouchers of the garage in which the accidental vehicle was repaired, was not felt excessive in the upper side, for which it was so agreed to by the Ld. District Forum, Paschim Medinipur. 

This case was contested at this Hon’ble State Commission Level also but the Ld. Counsel for the Respondents failed to prove any irregularity, illegality or infirmity in the order passed by the Ld. D.C.D.R.F, Paschim Medinipur.

In view of the above, considering all aspects from all angles and keeping in mind the submissions of both the sides and having regard to the materials on record, we are inclined to hold and firmly hold that the trying Judge made no mistake in passing the reasoned order, dated 21.11.2019 for which we agree to, confirm and uphold the same. 

Thus, the Appeal fails.

Resultantly, the Order passed by the D.C.D.R.F, Paschim Medinipur is affirmed and upheld for reasons elaborated hereinbefore.

Hence,

O R D E R E D

The Appeal being No.A/17/2020 is dismissed but considering the circumstances without any order as to costs.

The Judgment and Order of the D.C.D.R.F, Paschim Medinipur is hereby affirmed.

Let free copy of this Judgment and Order be sent to all concerned including D.C.D.R.F, Paschim Medinipur.

With this Order this Appeal stands disposed of.

Note accordingly.