West Bengal

Bankura

CC/22/2018

Champak Aditya Mishra - Complainant(s)

Versus

The Branch Manager, National Insurance Co. Ltd. - Opp.Party(s)

Swapan Mukherjee

18 Dec 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 22/2018

             Date of Filing: 23/03/2018

                                                                                                                                                                                                                                                                                                                                                        

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Ranjit Biswas

For the O.P.:  Ld. Advocate Ardhendu sekhar Ghosh

 

Complainant  

Champak Aditya Mishra, S/o Shyama Prasad Mishra, R/o Salbagan, Bishnupur, Dist. Bankura

Opposite Party 

Branch Manager, National Insurance Co. Ltd., Bankura Branch, Chandmaridanga, Bankura

 

FINAL ORDER / JUDGEMENT

 

Order No.47

Dated:18-12-2023                   

Both parties file hazira through Advocate.

The case is fixed for argument.

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

The Complainant’s case is that he is the registered owner of vehicle No.67A 8887 (Pick up Van) insured with O.P., Policy No. being150402/31/16/6390000010, valid from 24/02/2016 to 23/02/2017. But on 16/04/2016 the said vehicle being loaded with 230 Cartoons of beer met with a road accident at Anandapur More near Forest Beat Office at NH 60 giving rise to Salboni P.S. Case No.07/2016, dt.16/04/2016 in which the vehicle was badly damaged. The incident was reported to the O.P./Insurance Co. in due time by preferring claim  application for the damaged vehicle but the same was repudiated on the  ground of overloading amounting to breach of the Policy.  Hence this case.

O.P. contested the case by filing a written version reiterating the same.

                                                                                                                                                                                    Contd……p/2

 

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that at the time of accident the vehicle was overloaded with Cartoons of beer weighing about 3063 kg than the permissible weight of 1160 kg. as reported by the O.P./Insurance Co. in their letter  dated:02/03/2017 addressed to the Complainant supported by Surveyor’s report dated: 31/10/2016.  Cost of repairing bill of the damaged vehicle is Rs.2,23,713/- as produced by the Complainant whereas Surveyor’s report has assessed the damage of the vehicle at Rs.22,200/-.  Overloading is no doubt a fundamental breach of the Policy but no cogent material has been produced by the O.P./Insurance Co.  to substantiate this point except a letter as mentioned above. The Surveyor’s report ought to have examined this point for fair settlement of the claim. Be that as it may there is a great deal of variance between the Surveyor’s report and the Repairing bill of the Complainant regarding the cost of repairing of the damaged vehicle.

Though both the documents have evidentiary value but considering the stark difference of repairing cost of the damaged vehicle the Commission has to strike a balance between them and come to its own decision. Accordingly the damage of the vehicle is assessed at Rs.1 Lakh which may be quite justified in the given facts and circumstances of the case.

 

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost.

O.P./Insurance Co. is directed to pay to the Complainant Rs. 1 Lakh 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