West Bengal

Bankura

CC/20/2020

Smt. Mira Ghosh - Complainant(s)

Versus

The Branch Manager, Bajaj Allianz General Insurance Company Ltd - Opp.Party(s)

Jayanta Kumar Mukhopadhyay

31 Jan 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 20/2020

      Date of Filing:  15 /10/2020

Final except head

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Jayanta Kr. Mukhopadhyay

For the O.P.:  Ld. Advocate Chandi Charan Adhvaryyu

 

Complainant  

Smt. Mira Ghosh, W/O Sri Bulbul Ghosh, Vill., P.O. & P.S. – Khatra (Subhas Pally), District Bankura, Pin - 722140.

Opposite Party 

1. The Branch Manager, Bajaj Allianz General Insurance Company Ltd., Bankura, P.O., P.S. & District – Bankura, Pin – 722101.

2. The Branch Manager, State Bank of India, Bankura Branch, Machantala, Bankura, P.O., P.S. & Dist Bankura, Pin – 722101.

 

FINAL ORDER / JUDGEMENT

Order No.33

Dated:31-01-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument/written argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that she is the registered owner of a four wheeler private car, Registration No. being WB 68W 4268, insured with O.P. No.1/ Insurance Co., Policy No. being 5527003176160109436, valid from 16/09/2018 to 15/09/2019, financed by O.P. No.2/ Bank. On 21/04/2019 the aforesaid Car met with a road accident at Khatra Pump More in which the car was badly damaged beyond repair giving rise to Khatra P.S. Case No.15/2019, dated: 26/04/2019 u/s 279/304A IPC. The damaged car was towed on 27/06/2019 at Banerjee Automobile Show Room, Burdwan at the instance of O.P. No.1/Insurance Co. The incident was intimated to the O.P. No.1/Insurance Co. followed by claim application but the same was repudiated for delayed intimation. The Complainant has therefore approached this Commission claiming Rs.5,53,000/- being the IDB value towards the compensation of the damaged car.

O.P. No.1/Insurance Co. contested the case by filing a written version reiterating the same point for repudiation of the claim.

O.P. No.2/Bank did not file any written version.                                                                                                                                    

                                                                                                                                                                                     Contd……p/2

Page: 2

                                                                                         -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that admittedly there is no dispute with regard to the factum of accident and the damage of the car as is evident from the FIR produced at the time of hearing. Only dispute between the parties is that the extent of damage could not be assessed by the concerned Surveyor for want of inspection.

It appears from the record that the damaged car is now lying at the above mentioned Show Room. Delay in intimation to the O.P. No.1/Insurance Co. should not be seriously viewed for settlement of claim if it is otherwise maintainable. However O.P. No.1/Insurance Co. should take immediate steps for auction of the damaged / dead car in accordance with law after taking the same into their custody and disposal observing all the legal formalities and procedures and the sale proceeds thereof shall be appropriated by the O.P. No.1/Insurance Co. without any objection from the Complainant. The Complainant shall co-operate with the O.P. No.1/Insurance Co. for disposal of the damaged car in all manner.

In absence of any material for assessment of damage of the car either produced from the side of the Complainant or from the O. P. No.1/Insurance Co. the Commission has to rely upon the IDB value for the relevant period. The Policy under reference shows that the IDB value of the car is Rs.5,53,000/- and taking into account notional depreciation the present IDB value should be assessed proportionately at Rs.4 Lakh.                                                                                                                                                            

Hence it is ordered……..

That the case is disposed of on contest by directing the O.P. No.1/Insurance Co. to pay to the Complainant Rs.4 Lakh as compensation for the damaged car within one month from this date in default law will take its own course.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER