Karnataka

Chitradurga

CC/20/2016

Sri. K.S.Kotra Basappa, S/o. Shivanna - Complainant(s)

Versus

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

Shri. Parthalinga R.N.

21 Oct 2016

ORDER

 

COMPLAINT FILED ON : 01/03/2016

     DISPOSED ON: 21/10/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 20/2016 DATED:  21st October 2016

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.N. THIPPESWAMY             MEMBER

                                         B.A., LL.B.,                   

COMPLAINANT	K.S. Kotrabasappa, S/o Shivanna, R/o I Cross, JCR Extension, Chitradurga.   (Rep by Sri. R.N. Parthalinga, Advocate)
OPPOSITE PARTY	The Branch Manager, Oriental Insurance Co. Ltd., Branch Office, Opp. KSRTC Bus Stand, B.D.Road, Chitradurga      (Rep by Sri. O.L. Gnanesh, Advocate))

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the OP for a direction to the OP to settle the claim of the insured value of the vehicle for Rs.4,43,889/- and pay compensation of Rs.35,000/- and costs of Rs.20,000/-.  

2.     The brief facts of the case of the complainant are that, he is the RC owner of Ford Figo Car bearing Reg. No.KA-16 M-6105 and the same has been insured with OP under policy No.472108/31/2014/9697 for the period from 24.02.2014 to 23.02.2015 covering third party risk, PA for owner cum driver for Rs.2,00,000/- also covers own damage for Rs.4,43,889/-.  It is further submitted that, on 02.02.2015 at about 1-00 PM the said car met with an accident near K. Ballekatte Gate on NH-4 Road and the said vehicle was entirely damaged and immediately on the same the same was intimated to the OP in writing.  OP appointed its surveyor, who visited the place of accident and stated that, the vehicle cannot be surveyed as it was entirely damaged, it cannot be repaired and the same has to be put for scrap.  Thereafter, complainant has given claim form, RC, Police papers and DL for settlement of the claim but, OP never failed to settle the claim.  On 18.12.2015 complainant received a letter from OP/insurance company stating that, OP is ready to settle the claim for Rs.2,78,141/- by sending discharge voucher and asked for transfer of RC in the name of insurance company but, as per the policy the IDV of the vehicle is of Rs.4,43,889/-.  Complainant visited the OP several times for settlement of the claim but, OP failed to settle the same for the reasons best known to it.  On 06.01.2016 complainant gave a legal notice to  OP calling upon them to settle the claim for Rs.4,43,889/- but, OP failed to settle the claim.  Therefore, there is a  The conduct of the OP amounts to deficiency of service so, he sustained financial loss and mental agony and etc., and prayed for allow the complaint.

 

3. On service of notice, OP appeared through Advocate and filed version and admitted that, the complainant is the RC owner of Ford Figo Car bearing Reg.No.KA-16 M-6105 and the same has been insured with it and it is denied that, the complainant has given an intimation to the OP immediately about the accident.  But, after receipt of the intimation, OP has taken necessary steps and obtained survey report.  The surveyor has assessed and advised to settle the claim of the complainant for Rs.2,78,141/- by deducting the stolen parts and depreciation.  Thereafter, complainant voluntarily given a consent letter agreeing to settle the claim for Rs.3,40,400/-.  For which, the OP also agreed to settle the claim for Rs.3,40,400/- and informed the complainant to give necessary claim papers, vouchers and etc., as per the terms and conditions of the policy.  But, the complainant failed to give reply to the notice in view of the consent letter submitted by him.  Now the OP is ready to settle the claim for Rs.3,40,000/- without any interest though the survey report is valued for Rs.2,78,141/-.  But, the complainant has filed this complaint without intimating the OP after giving consent letter.  Therefore, there is no deficiency of service on the part of OP and prayed for dismissal of the complaint.    

        4. Complainant himself examined as PW-1 by filing affidavit evidence and documents are marked at Ex.A-1 to Ex.A-9. 

5.     OP has examined one Sri. H.N. Govindaraj, Divisional Manager as DW-1 by filing affidavit evidence in which he has reiterated the contents of version and document has been marked as Ex.B-1. 

 

6. Arguments heard.

 

7. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complainant proves that, OP has committed deficiency of service in settling the claim made by him and he is entitled for compensation as stated in his complaint?

 

Point No.2:- What order?

 

        8. Our findings on the above points are as follows:

 

        Point No.1:- Partly affirmative.

        Point No.2:- As per the final order.

                                        ::REASONS::

 

9. Point No. 1:- It is not in dispute that, complainant is the RC owner of Ford Figo car bearing Reg. No.KA-16 M-6105 and the same has been insured with the OP insurance company under policy No.472108/31/2014/9667 which was valid for the period from 24.02.2014 to 23.02.2015 covering third party risk, PA for owner cum driver for Rs.2,00,000/- and also covering own damage for an amount of Rs.4,43,889/-.  The said vehicle met with an accident on 02.02.2015 near Ballekatte Gate on NH-4 and entirely damaged.  The complainant intimated about the same on the same day in writing.  OP appointed a surveyor to inspect the place of accident and submitted a report stating that, the vehicle was entirely damaged and it cannot be repaired and the same has to be put for scrap.  On 18.12.2015 complainant received a letter from the OP stating that, OP is ready to settle the claim for Rs.2,78,141/- but, as per the policy the ID value of the vehicle was Rs.4,43,889/-.  After that, complainant issued legal notice calling upon the OP to settle the claim for Rs.4,43,889/- but, the OP drag on the matter on one or the other reason.

10.   To prove the case of the complainant, complainant himself examined as PW 1 by filing affidavit evidence in which reiterated the contents of the complaint and also relied on documents like certified copy of policy marked as Ex.A-1, letter dated 18.12.2015 by the OP regarding settlement of claim for Rs.2,78,141/- marked as Ex.A-2, claim voucher for signature marked as Ex.A-3, legal notice dated 06.01.2016 marked as Ex.A-4, Postal acknowledgement marked as Ex.A-5, Certified copy of FIR marked as Ex.A-6, Certified copy of Spot Panchanama marked as Ex.A-7, Certified copy of Motor Vehicles Accident Report marked as Ex.A-8 and Certified copy of Charge Sheet marked as Ex.A-9.

11.   On the other hand it is argued by the OP that, complainant is the RC owner of Ford Figo Car bearing Reg.No.KA-16 M-6105 and the same has been insured with it but denied that, the complainant has given an intimation to the OP immediately about the accident.  After receipt of the intimation, OP has taken necessary steps and obtained survey report.  The surveyor has assessed and advised to settle the claim of the complainant for Rs.2,78,141/- by deducting the stolen parts and depreciation.  Thereafter, complainant voluntarily given a consent letter agreeing to settle the claim for Rs.3,40,400/- for which, the OP also agreed to settle the claim for Rs.3,40,400/- and informed the complainant to give necessary claim papers as per the terms and conditions of the policy but, the complainant failed to give reply. OP is ready to settle the claim for Rs.3,40,000/- without any interest though the survey report is valued for Rs.2,78,141/-.

12.   In support of its contention, OP has relied on affidavit evidence of Sri. H.N. Govindaraj, Divisional Manager in which he has reiterated the contents of version and also relied on document like consent letter dated 20.01.2016 marked as Ex.B-1.

 13.  We have carefully gone through the complaint, version, affidavits and the documents filed by both the parties.  It is seen that, complainant is the RC owner of Ford Figo car bearing Reg. No.KA-16 M-6105 and the same has been insured with the OP insurance company under policy No.472108/31/2014/9667 for a period from 24.02.2014 to 23.02.2015 covering own damage for an amount of Rs.4,43,889/-.  The said vehicle met with an accident on 02.02.2015 and completely damaged.  Complainant intimated about the same on the same day in writing.  OP appointed a surveyor to inspect the place of accident and submitted a report stating that, the vehicle was entirely damaged and it cannot be repaired and the same has to be put for scrap.  On 18.12.2015 complainant received a letter from the OP stating that, OP is ready to settle the claim for Rs.2,78,141/-.   After that, complainant issued legal notice calling upon the OP to settle the claim for Rs.4,43,889/-.   After giving legal notice i.e., on 20.01.2016, i.e., after giving complainant has given consent letter for Rs.2,40,400/- which reads as under:

"This has to the claim I had lodged with you in connection with an accident to my Car No.KA-16 M 6105 met with an accident on 02.02.2015 covered under policy No.472108/31/2014/9697 for the period from 24.02.2014 to 23.02.2015 issued from your Branch I am agreeable to receive a sum of Rs. ……………….)Rupees ………………………………………….) towards full and final settlement of my said claim subject to terms and conditions of the policy, with this claim settlement on Total loss basis, my vehicle IDV is Rs.4,43,889/- I am reduced the IDV to Rs.3,40,400/- and it will be my own decision.

I have also agreed for the cancellation of the policy from the date of accident.  I undersigned by write of this settlement I shall have no other claim whatsoever against you. I also understand that the payment of this amount will be subject to the claim being found in order in all respects. 

                                                       

Sd/-

     Signature of the Insured

 

14.   After issuing legal notice, complainant visited the OP insurance company on 20.01.2016 and gave a consent letter to the OP agreeing to settle the claim for Rs.3,40,400/- as per Ex.B-1.  When the complainant himself approached the OP and accepted the claim for Rs.3,40,400/-, claiming of ID value of the vehicle does not arise.   When once the complainant himself accepted the claim by giving consent letter, he cannot go against the same.  Hence, the complainant is entitled for compensation as claimed.  Accordingly, this Point No.1 is held as Partly Affirmative to the complainant.

 

15.  Point No.2:- For the foregoing reasons, we pass the following.

ORDER

 complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.3,40,400/- to the complainant.

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards costs of this proceeding.  

It is further ordered that, the complainant is hereby directed to handover the damaged vehicle along with documents to the OP and in turn the OP is directed to receive the same, then deposit the above award amount.

It is further ordered that, the OP is hereby directed to comply the above said order within two months.

        (This order is made with the consent of Member after the correction of the draft on 02/09/2016 and it is pronounced in the open Court after our signatures.)

 

 

 

MEMBER                                         PRESIDENT

 

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of Complainant:

                                                -Nil-

On behalf of OP Sri. H.N. Govindaraj, Divisional Manager, by filing affidavit evidence taken as DW-1.

Witnesses examined on behalf of OP:

 -Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Certified copy of policy
02	Ex-A-2:-	Letter dated 18.12.2015 by the OP regarding settlement of claim for Rs.2,78,141/-
03	Ex.A-3:-	Claim voucher for signature
04	Ex.A-4:-	Legal notice dated 06.01.2016
05	Ex.A-5:-	Postal acknowledgement
06	Ex.A-6:-	Certified copy of FIR
07	Ex.A-7:-	Certified copy of Spot Panchanama
08	Ex.A-8:-	Certified copy of Motor Vehicles Accident Report
09	Ex.A-9:-	Certified copy of Charge Sheet

 

Documents marked on behalf of Opponent:

01

Ex-B-1:-

Consent letter dated 20.01.2016

 

 

MEMBER                                         PRESIDENT

Rhr.