Order No. 19 dt. 23/09/2016
The case of the complainant in brief is that the complainant is a bakery firm and having a truck bearing no.WB 23C 0281 and the same was insured with the o.p. and also was valid during the period from 18.5.11 to 17.5.12. The said vehicle met with an accident in the district of Hazaribagh. The o.p. was informed regarding the said accident and a surveyor was appointed. The complainant thereafter made repairing and the invoice value of the said repairing was Rs.2,60,100/- which was paid by the complainant to the French Motor Car Co. Ltd. whereby the repairing was made. the complainant on numerous occasions requested the o.p. for settlement of the claim. Subsequently the o.p. repudiated the claim of the complainant with the ground stated therein.
Being aggrieved with the said repudiation the complainant filed this case praying for direction upon the o.p. to settle the claim amounting to rs.2,60,100/- and compensation of Rs.50,000/- plus interest.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that after receiving the claim from the complainant the o.ps. appointed one independent IRDA licenses surveyor cum loss assessor namely Mr. Hardev Singh to assess the loss sustained by the complainant. During the survey work Mr. Hardev Singh surveyor tried to contact the complainant to supply the o.p. the necessary papers and documents so that the claim can be looked into but there was no response from the insured either verbally or in writing. The said surveyor finally gave seven days notice to the complainant for cooperating with the surveyor by providing all sorts of necessary documents which was also ignored by the complainant. Ultimately the o.ps. had no other option but to close the claim for non cooperation and the same was informed by the o.ps. the complainant through e-mail dt.28.2.11 and as such there was no deficiency in service with respect to the claim made by the complainant. On the basis of the facts and circumstances as stated above, o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had insured the truck with the o.p.
- Whether the truck met with an accident and the claim made by the complainant.
- Whether the complainant cooperated with the surveyor, if not, whether the complainant will be entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the o.ps. have not disputed that the vehicle was not insured with the insurance company. The o.ps. also did not dispute that there was no accident. Immediately after the said accident after waiting for some days and after giving information to the o.ps. sent the vehicle to French Motors whereby repairing was made and the French Motors submitted a bill of Rs.2,60,100/- and the said bill was paid by the complainant. The complainant naturally asked for said amount from the o.ps. and the o.ps. repudiated the claim for which the complainant had to file this case. The o.ps. repudiated the claim on the ground that the complainant did not cooperate with the surveyor who was appointed to assess the loss sustained by the complainant due to the accident in the said vehicle. The said repudiation was made illegally for which the complainant prayed for the amount paid by the complainant to the French Motors and also for other damages.
Ld. lawyer for the o.ps. argued that the policy was valid at the relevant point of time and the claim intimation was also received by the o.ps. and after receiving the said intimation a surveyor was appointed to assess the loss suffered by the insured and the surveyor Hardev Singh tried to contact the complainant to supply some papers to o.ps. so that the claim can be looked into but there was no response from the insured either verbally or in writing and ultimately the surveyor himself wrote a letter on 13.1.11 requesting the complainant to cooperate with him within seven days from the date of said letter but no response was received, ultimately insurance company on 28.2.11 repudiated the claim by stating the reason and communicated the same to the complainant through e-mail.
Considering the submissions of the respective parties it appears that the complainant company had the insurance with the o.ps. and the policy was valid at the relevant point of time which has not been disputed by the o.ps. It is also found from the materials on record that the complainant after intimation of the said incident of accident to the o.ps. and accordingly, the o.p. nos.1 and 2 appointed IRDA approved surveyor to assess the loss sustained by the complainant. The complainant was given several notices and the surveyor himself also sent a letter to the complainant to assist him by providing with all the necessary papers, ultimately whenever the complainant did not cooperate either to o.p. nos.1 and 2 or to the surveyor and the said fact was informed to o.p. nos.1 and 2 by the surveyor himself, o.p. nos.1 and 2 had no other alternative but to repudiate the claim of the complainant. If the claim of the complainant would have been genuine in that event the complainant could have provided all the necessary papers to the IRDA approved surveyor but without cooperating to the said surveyor by not providing the necessary papers it was possible for the surveyor to proceed with the work of survey. Accordingly the surveyor had to close his work for doing survey in respect of the assessment of the loss sustained by the complainant.
In view of the facts and circumstances of the case and with such background, we do not find it necessary to blame upon the o.ps. that there was any deficiency in service on the part of the o.ps. or the complainant will be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.89/2013 is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
