Tripura

Gomati

CC/10/2022

Sri Sagar Bahadur Thapa - Complainant(s)

Versus

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

Mr. Asif Iqbal

02 May 2023

ORDER

This complaint was filed by Sri Sagar Bahadur Thapa Under Section-35 of the Consumer Protection Act-2019 for recovery of insurance money along with interest and for redress of deficiency in service by O.P National Insurance Company Limited.

 

In a nutshell, the case of the complainant is as follows:-  

                        The complainant is the owner of vehicle bearing No. TR-03-G-5581 (Bajaj Pulsar DTSI Motor Bike) which is duly insured with National Insurance Company Ltd. Udaipur Branch covering the period from 29-12-2017 to 28-12-2018 vide Policy No. 203001311710001421. On 05-01-2018 the aforesaid Motor Bike bearing No. TR-03-G-5581 (Bajaj Pulsar DTSI Motor Bike) had been stolen away by some unknown miscreants. Accordingly the complainant filed a written complaint to O.C. R.K. Pur, P.S. which was registered as R.K.Pur, P.S. Case No. 08/2018 U/S. 379 of I.P.C. on 19-01-2018 the complainant also filed an application before the Branch Manager, National Insurance Company Ltd. Udaipur Branch for getting compensation. Thereafter as per direction of Branch Manager, National Insurance Company Ltd. the complainant has submitted all the relevant documents along with certified copy of final report of police case in the office of National Insurance Company Ltd. But no compensation was paid to the complainant. On 28-08-2019 the complainant filed an application before the Hon’ble Chairman, Permanent Lok Adalat, Gomati District, Udaipur, Thereafter after getting summons, the Branch Manager, National Insurance Company Ltd. appeared before the Permanent Lok Adalat and assured before the Hon’ble Chairman that they will pay the insured amount with interest to the petitioner. Thereafter according to their request petitioner again submitted relevant documents before the Office of opposite party. But after few days the opposite party refused to pay the insured amount and returned the documents to the petitioner. Thereafter on 13-04-2022 the petitioner withdraw the case from Permanent Lok Adalat and decided to file this case.   The complainant claimed compensation of Rs. 68,800/- along with interest from 19-01-2018 to till realization. The complainant also claim Rs. 20,000/- for litigation cost and Rs. 20,000/- for deficiency in service. In total the complainant claims Rs. 1,08,800/- (Rupees One lakh eight thousand eight hundred) only with up to date interest till realization of the total amount.    

2.                     The O.P received notice and submitted written objection before the Commission, District Consumer Disputes Redressal Commission, Gomati Tripura, Udaipur on 08-09-2022 and claimed  that in the case of theft where no bodily injury has been caused to the insured, it is incumbent upon the petitioner to inform the police about the theft immediately, otherwise, valuable time would be lost in tracing the vehicle. Similarly, the insurer should also be informed within a day or two so that the insurer can verify as to whether any theft had taken place and also to take immediate steps to get the vehicle traced. The OP further stated that Delay in reporting to the insurer about the theft of the bike for 14 days would be a violation of condition of the policy as it deprives the insurer of a valuable right to investigate as to the commission of the theft and to trace/ help in tracing the vehicle and as such the petition is liable to be rejected.

 

3.                     The OP also stated that  there was delay of 7(seven)  days in reporting the theft of vehicle to the police station and only one key was submitted to insurer stating that other one was kept by police authority but  this matter is not found in final report submitted by police. According to OP, the claim of the petitioner has rightly been repudiated on that ground.

 

4.                    The following issues were framed in this case for determination of this complaint, on 22-09-2022.

 

                                                        ISSUES

                       1) Whether the case is maintainable?

                     2) Whether the complainant took insurance policy bearing No. 203001311710001421 from the National Insurance Company Ltd.?

                       3) Whether there is any deficiency in service in servicing the said policy by the O.P?

                       4) Whether the complainant is entitled to any compensation for deficiency in service and if so what shall be the quantum thereof?

                       5) To what other relief/ reliefs are the parties entitled to?

 

             DECISION WITH REASONS FOR THE DECISION

5.                     The case is found maintainable as this is a complaint Under Section- 35 of the Consumer Protection Act-2019. Therefore the first issue is determined in favour of the complainant.

 

            The complainant has adduced evidence before the Commission and the insurance policy bearing No. 203001311710001421 has been exhibited by the Commission. It is reflected on the insurance policy that the insure vehicle has registration No.TR-03-G-5581. It also appears from the exhibited documents including the copy of FIR that the said motor vehicle was stolen by unknown miscreants on 05-01-2018 and accordingly the complainant submitted Ejahar before the O/C, R.K.Pur police station on 12-01-2018. Therefore the second issue is also determined in the positive and in favour of the petitioner Sri Sagar Bahadur Thapa. The complainant Sri Sagar Bahadur Thapa has claimed that the O.P is responsible for deficiency in service .

 

     The expression “ deficiency” is defined in Section2(1) (g): “ 2. (1)(g) “deficiency” means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.” The definition of the expression “service” is couched in wide terms. The width of statutory language emerges from the manner in which the definition is cast. Parliament has used the expression “service of any description which is made available to potential users”. The definition employs the “means and includes formula”. The means part of the definition incorporates service of “any” description.

 

     In this respect I find it necessary to refer to decision of the Hon’ble Appex Court in the case of VODAFONE IDEA CELLULAR LIMITED, Appellant, Versus AJAY KUMAR AGARWAL, Respondent. Civil Appeals No. 923 of 2017 with No. 1389 of 2022 and No. 4274 of 2016. 6 Supreme Court Cases 496.

6.                    In this instance case, it is the duty of the insurance company to pay money to the insured complainant in respect of his stolen motor cycle if the complainant satisfies all the requirements. Therefore in case the complainant Sri Sagar Bahadur Thapa has satisfied all the requirements, then the insurance company has to pay the amount of insured money. In case of failure by the insurance company to pay the money, the complainant has reasonable ground to claim that there is deficiency in service.

 

7.                    The insurance policy is definitely subject to reasonable conditions reflected in the policy document.  However during argument Ld. Counsel Md. Asif Iqbal appearing for the complainant has submitted that the insurance company did not pay compensation/insured amount to the complainant even after he submitted all the relevant documents along with certified copy of final report of police in the case.

 

8.                    On the other hand, Ld. Counsel Md. Prabahan Sarkar appearing for the National Insurance Company Limited has claimed that the complainant allegedly lost his motor cycle on 05-01-2018,  Whereas he filed FIR on 12-01-2018 at R.K. Pur police station. Ld. Counsel  for the O.P has further drawn attention of the Commission to the fact that the complainant informed the insurance company about the alleged fact of the motor cycle on 19-01-2018, after a gap of more than 14(fourteen) days of the alleged incident. According to Ld. Counsel for the O.P, the complainant has not only delayed in reporting the incidents of fact to the police but also committed delay in informing the insurance company and thus violated condition of the policy.

 

9.                    This Commission has minutely perused the insurance policy which is exhibited in-connection with this case. On perusal of the policy document it appears that no time frame has been spelt out for informing the insurance company or the police about any possible damage to the insured motor vehicle or theft of the motor vehicle. Therefore in absence of any specific time frame reflected in the insurance policy, the insurance company cannot avoid payment of compensation to the complainant only on the ground that the complainant committed delay in informing the police and the insurance company about theft of the motor vehicle which was insured by him.

 

10.                  In this respect, this Commission also finds it  relevant to refer to decision of the Hon’ble Appex Court in a case of National Insurance Co. Ltd.   V/S Harsolia Motors and others, reported in 2023 SCC online SC 409.

 

11.                  Therefore on the basis of the discussion made herein above it is clear that the national insurance company should have paid compensation amount to the complainant and nonpayment of such amount to the complainant is “deficiency in service”.

 

“Calculation of quantum of compensation”

12.                  The stolen motor cycle was price Rs. 68,800/-(Rupees Sixty eight thousand eight hundred) as reflected in the insurance policy.

 

13.                  Therefore considering this matter in its entirety it will be appropriate to decide that the insurance company should pay amount of Rs. Rs. 68,800/-(Rupees Sixty eight thousand eight hundred)as the price of the insured motor cycle. The complainant is also found entitle to litigation cost of Rs. 6,000/- (Rupees Six thousand) and in the opinion of this Commission, the complainant is also found entitled to an amount of Rs. 6,000/- (Rupees Six thousand) for deficiency in service. Therefore in total the National Insurance Company Ltd. Udaipur branch shall pay amount of Rupees.

                        Motor Cycle price-       Rs. 68,800/-

                        Litigation cost -             Rs. 6,000/-

                        Deficiency in Service-   Rs. 6,000/-      

                        Total Rs. 80,800/- (Rupees Eighty thousand and eight hundred)

 

14.                  The Fourth issue is accordingly decided in favour of the complaint  and the complainant  Sri Sagar Bahadur Thapa is found entitle to compensation of Rs. 80,800/- (Rupees Eighty thousand and eight hundred) from the National Insurance Company Limited, Udaipur branch with 6% interest from the date of filled  the case (27-07-2022).

 

15.                  The O.P Branch Manager of National Insurance Company Limited, Udaipur branch is directed to transmit the amount of Rs. 80,800/- (Rupees Eighty thousand and eight hundred) along with 6% interest with effect from 27-07-2022, to the complainant with the period of 02(two) months from today.

 

16.                    The parties are not found entitled to any other relief or reliefs.

 

 

O R D E R

 

17.                   As a result the National Insurance Company, Udaipur branch is directed to pay the amount Rs. 80,800/- (Rupees Eighty thousand and eight hundred) along with 6% interest with effect from 27-07-2022 to the complainant with the period of 2(two) months from today. O.P has to pay the said amount with interest within the period of 02(two) months from today, failing which the O.P has to pay penalty interest @ 9 % from the date of filling till date of actual payment.

 

18.                  The case stands disposed off on contest.

 

19.                  Supply copy of this judgment to the parties as per procedure.

 

20.                  Make necessary entry in the TR accordingly.

                       

 

                                            ANNOUNCED