The Complainant  Vinay Annand   has filed this complaint petition against Branch Manager, National  Insurance Company Ltd.  Buni Bajar Kalyani, Muzaffarpur and one another for realization of Rs. 77,197/- for damage caused to Marshal 2.D. Jeep with 12 % p.a. interest from the date of submission  of surveyor report  till realization, Rs. 50,000/- for  deficiency in service  and Rs. 10,000/- as litigation cost.

The brief, facts, of the case is that the complainant had   Marshal Jeep 2D bearing Registration No. BR21A-4949 on 23-07-2001. Which was insured with o.p company vide policy no.-  170604/31/3- 617259 from 23-10-2003 to 22-10-2014  on 30-04-2004 at about 3 PM, the aforesaid Mashal Jeep met with an accident at Begusarai  Purniya Road near Bihapur P.S.  during  insurance period. The further case is that the complainant  informed to the o.ps about  the accident on 05-05-2004. Surveyor Rajeev Ranjan Choudhary was appointed by o.ps to access the  loss caused to  the vehicle of the complainant  who assessed the damage and submitted his report on 12-07-2005. He also assessed the damage as Rs. 77,197/- The further case is that the o.p didn’t pay the claimed amount till filing of the complaint petition and also demanded illegal money for  the same   

The complainant  has filed the following documents with the complaint petition - photocopy of  R.C.  annexure-1-, photocopy of D.L. - annexure-2-, photocopy  of  Surveyor report  ( Professional Bill)  annexure-3-,

On issuance of notices o.ps appeared on 03-11-2009 and submitted w.s. on 02-07-2009 with prayer to accept the  w.s. It has been stated in the w.s. that the complainant has not filed MVI report and documents relating to information given to the police. It is an admitted fact that the complainant informed to o.ps office regarding accident. Appointment of surveyor Rajeev Ranjan Choudhary by the o.ps company is also an admitted fact. It has been mentioned in the  was. that surveyor reported damage up to Rs. 21872/-. It has been denied that the surveyor reporte damage of Rs. 77,197/- It has  also been mentioned in the w.s. that the complainant  has not produced  purchase bill and mechanical charge occurred in the repair of damaged vehicle, so the claimed has not been disposed of.  It has also been mentioned that there is no deficiency in service on the part of the o.ps.

No evidence has been adduced on behalf of both the parties.

The complainant didn’t  appear before the forum to argue the matter after providing many opportunities to him so lastly on 24-05-2019, we heard the learned lawyer for o.ps.

O.ps have not denied the fact that the vehicle in question was not insured with their company. Filing of claim before O.ps Company and appointment of surveyor Sri Rajeev Ranjan Choudhary is also an admitted fact. Version of the o.ps is that the surveyor assessed lass/damage up to Rs. 21872. The complainant has filed the surveyor report as annexure-3.  On perusal of page-5 of photocopy of surveyors report annexure-3 submitted on behalf of complainant,  it transpires that surveyors reported the loss of damage in different heads as assessment  loss Rs. 2,306/- cost of parts (metal) with 15 % depreciation  Rs. 15615.35/- , cost of parts (none mental with 15 % depreciation ) Rs. 2,267.50 and cost of fibre item with 13 % depreciation-  Rs. 1,584.80 Total RS. 21873.35. The complainant  has not adduced evidence  with respect to loss of Rs. 77197/-. The o.ps have admitted in their w.s. that the surveyor reported loss of up to Rs. 21872/- in his w.s. The  Learned lawyer for o.ps admitted that the company is ready to pay the aforesaid amount. The complainant has not produced any bill relating  to damaged vehicle so it transpires that he didn’t repair the vehicle.  In  the circumstances, we are of the considered opinion that the o.ps are liable to pay Rs. 21872/- to the complainant  in respect of loss. But the o.ps company didn’t pay the loss as per surveyor report so there is deficiency in service on their part.

In the circumstances the complaint petition is allowed and the o.ps company are directed to pay Rs. 21872/- for damage caused to the complainant and Rs. 10,000/- as litigation cost. Within one month from the receipt of the copy of the order, on failure they shall be responsible for payment of aforesaid amount with 8 % interest p.a. till realization. Let a copy of this order be furnished to both the parties as per rule.