MR. PRABODHA KUMAR DASH, PRESIDENT:-
This is an application U/S-35 of C.P.Act, 2019. The Complainant vehicle met with an accident during a valid insurance in force the Complainant vehicle repaired and paid Rs. 7 Lakhs but Ops only agreed to pay Rs. 2,35,000/-, the same not accepted by Complainant and being aggrieved filed this present C.C.Case. Heard Ld. Counsel for both parties. Perused important documents filed by both parties.
Brief Facts:-
Complainant vehicle No. OD-29C-9042 having valid insurance Policy issued by Ops on payment of premium. The Complainant spent Rs. 7 Lakhs for repair of the vehicle but Ops only estimated Rs. 2,35,000/-. Complainant not satisfied by such estimate filed present C.C. Case for adjudication.
Adjudication:-
The Complainant vehicle have valid Policy from dt. 02/01/2021 to 01/01/2022 and paid Rs. 55, 653/- as premium, the said vehicle met an accident on dt. 04/04/2021 and a station diary entered by RUGUDI Police Station, where it was mention driver name Manoj Sahoo, the licence filed in record Mano Ranjan Sahoo having TRANS licence valid from 19.09.2007 to 30.01.2025, there is no such difference between Manoj Sahoo and Manoranjan Sahoo which was written when a vehicle was damaged in a accident. This Commission gone through the papers of vehicle insurance(TATA AIG) and RC Book, loading Transit pass, permit, DL of driver this Commission found all are genuine and no doubt about it. The dispute only raised before us relating to the amount of claim sustained by the Complaint’s vehicle not accepted by the Op insurer and we are only deciding such single dispute. The Complainant submitted actual expenses from various garage, service station, spare parts shops receipt to a tune of Rs. 7 Lakhs on the other hand the Ops did not submitted any single document except written version. Therefore the Ops being an insurance Company must establish with relevant documents so that this Commission can reach a final conclusion after a clear discussion but the same can’t be. This Commission several times directed both parties to settle the dispute amicably but both are not taken any steps to decide the dispute themselves. We are bound to decide as per Honbl’e Commission direction because the case is pending since from 13.04.2022 and the vehicle met with an accident on dt. 04/04/2021 .We have to follow the mandate as per time frame prescribed by the C.P.Act, 2019.
The written version of Para-6 mentioned Ops hired one surveyor Mr. B.K. Patnaik who conducted survey and also a licence holder of IRDA for survey and as per report of surveyor Rs. 2,35,000/- is just & proper.
There is a huge difference of loss claimed by the Complainant and assessment made by surveyor. To decide the issue we have gone through the remarkable reported case by our Honbl’e State Commission in Maa Bijaya Traders vs Universal Sampo General Insurance Co Ltd. and others vide C.C.Case No. 55/2011 decided on dt. 02.12.2022 2023(1) CPR 18(Ori). The Ops did not filed surveyor’s report and no such assessment chart submitted by the Ops not contradicted item wise price calculation spent submitted by Complainant, Where sufficient material submitted by Complainant to substantiate his claimed with various receipt , we can’t accept only sole statement of Ops that assessment was only for Rs. 2,35,000/- nothing else. Neither the Ops produced any documents nor contradicted the genuiness of expenses receipt. In our considered view the insurer should indemnify the insured for which he paid premium. The Ops shall pay Rs. 5 Lakhs with @6% interest from date of claim with Rs. 30,000/- towards mental agony and harassment undergone and Rs. 5000/- for litigation cost.
O R D E R
It is directed that the Ops shall pay Rs. 5,00,000/- (Rs. Five Lakhs) with @6% interest from date of accident i.e, dt. 04.04.2021 till its realization within a period of one month from the date of receipt of this order alongwith Rs. 30,000/- for mental agony & harassment and Rs. 5000/- for litigation cost failing which the Ops shall be liable for execution under C.P.Act., 2019. The C.C .Case is allowed.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 14th day of March,2023.
I, agree
Sd/- Sd/-
MEMBER PRESIDENT
