DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 23 OF 2020
Gurucharan Mahanta, aged about 44 years,
S/O-Gopinath Mahanta, Of Vill-Keberiposi,
P.O-Junga,P.S-Pandapada,Dist-Keonjhar…………………………………………..Complainant.
Versus
1.The Branch Manager
ICICI Lombard General Insurance Co Ltd.
At-Sirajuddin Chowk,N.H.49,P.O Keonjhargarh,
P.S Town, Dist-Keonjhar
2. The Divisional Manager(Legal)
ICICI Lombard General Insurance Co Ltd.
Plot No.29, Third Floor, Anuj Building.
Satya Nagar,Bhubaneswar-751007,Odisha.
3.The Collector & District Magistrate,Keonjhar
At/Po.Keonjhargarh,P.S-Town,Dist-Keonjhar
4.The C.D.M & P.H.O,Keonjhar
At/Po.Keonjhargarh, P.S-town,
Dist-Keonjhar
5.RTO,Keonjhar
At/Po/Ps-Keonjhar,Dist-Keonjhar……………………………..……………….………………… Opp.Parties
Present:
Biranchi Narayan Patra, President
Sri Bharat Bhusan Das (Member)
Advocate for complainant- Sri Biraja Mishra & associates
Advocate for Op1, Op2 –Sri P.K Pothal
Advocate for Op3- Sri S. Sahoo,G.P
Op4 -CDMO(self )
O.P 5- RTA, Keonjhar (self )
Date of Filing - 12.10.2020 Date of Order- 02.09.2022
B.B Das (Member)
The complainant case is brief is that the complainant is the registered owner of one vehicle bearing Regd No OR-02 BA/3382 which is duty insured before OP -1 and Op-2 vide policy No- 3001/162376112/01/00.The Valid period of the policy is from 3.1.2020 to 2.1.2021.Due to Covid-19 Pandemic in Corona Virus the collector, Keonjhar Op -3 requisited the said vehicle on 1.4.2020 and deployed the vehicle before CDMO and PHO, Keonjhar(Op-4) for transportation of covid patients while the said vehicle was on duty on 5.8.2020,meet an accident at Danla village under Nayakate P.S in the district of Keonjhar.So,the Complainant lodged FIR before IIC Natakote PS,Keonjhar.Which was registered vide Nayakote P.S case No 48 dt 05.08.2020.
The complainant intimated the matter before Op No 1 & Op-2 who advised to take the garage namely satya Auto, workshop NH-49,Madhapur,Keonjhar.The damage of the vehicle was estimated to the time of Rs 3,19,750/-.The complainant filed OD claim of the vehicle as the insurance policy covers within the period of validity. The Op No-1 & Op No-2 repudiated the OD claim of the complainant as the policy is private vehicle package, but engaged by the Govt. on payment of fees. SO, the complainant has violated the terms and conditions of the policy.
The Complainant relies upon the flowing documents.
1. Correspondence letter to collector, Keonjhar
2. Certified of Insurance cum policy
3. RC Book
4. FIR Copy with schedule
5. Requisition letter of CDMO, Keonjhar
6. Requisition letter of collector and D.M, Keonjhar
&.Investigation report
The Op 1 & Op-2 entered appearance in this case and filed their version. The sole abjection of them is that the vehicle has insured under private package policy As the vehicle was engaged on pandemic Disaster duty for hire and reward at the time of accident on payment of Rs 100000/-. If violated the terms and conditions of the policy on the ground of Hire and reward, for which they repudiated the claim of the complainant.
The Op No-1& Op-2 rely upon the following documents.
1. FIR Copy,
2. Requisition letter
3. RC Book Insurance policy,
4. Investigation
The Op-3 & 4 is entered in appearance and filed their version. They admit the accident of vehicle on the alleged date. Their sole contention is that as the vehicle is duly insured before Op No-1 and Op No-2.The complainant is entitled to get the OD claim as per law.
Both the parties argue as per the version filed before this commission. The Op-1 & Op-2 argue that on bare reading policy, the complainant violated the terms & conditions of policy in question as it was used before the Op No-3 & Op No-4 on hire and reward basis on the other hand the policy is private package policy, the complainant is not entitled to get his OD claim. The complainant argues at length that since the vehicle was requisited for emergency duty of covid-19, Pandemic duty, its engagement is not coming under the purview of term hire and reward.
On careful scrutiny of the documents filed by the parties, it is clear that the vehicle has valid insurance policy of private package which was engaged before Op-3 & Op-4 on requisition on for emergency duty of covid-19.The vehicle met accident during the validity of insurance policy. The definition of hire and reward has a wider sense to the effect that ‘’one has to engage his vehicle for carrying of goods or transportation of the place of destiny and in return he has to receive the amount after competition of works. In the instant case the complainant neither contacts with the vehicle an hire basic with the agreed amount as reward’’. “ Hire and Reward is a type of Insurance that is legal requirement for drivers who carry others people’s goods or passengers in return for payment”.
The vehicle was used by Op No-3 & Op-4 on requisition in emergency situation i.e Covid-19 Pandemic in the district. If the complainant failed to comply the requisition of Op No-3,he was liable for other legal action at this end. The payment if paid by Op-3 & Op-4 to the complainant may be taken as Honarium payments towards use of vehicle but not as reward or hire.
ORDER
Under the above circumstances the commission feels that the complainant is entitled to receive the OD claim as vehicle as it met accident during the validity of insurance policy. It is directed that Op 1 & Op-2 shall make payment OD Claim amount of Rs.3,19,750/- to the complainant @ 6% interest P.A from the date of filing of this case till realization of this amount. Otherwise the complainant is at liberty to realize the same through process of law. Under the circumstances of the case. There is no cost or other reliefs to the litigation.
The order pronounced in open Commission today i.e on 2nd September, 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 02.09.2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Sri B. B. Das)
Member
DCDRC,Keonjhar
