Orissa

Kendujhar

13/2015

Md. Sarbar - Complainant(s)

Versus

The Divisional Manager, New India Assurance Co. Ltd. - Opp.Party(s)

29 Oct 2015

ORDER

IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 13 OF 2015

Md. Sarbar,

S/o - Md. Akbar,

Village - Barkat Nagar, Ward No.8,

P.O/P.S - Barbil, Dist - Keonjhar…………………….Complainant

                   Vrs.

Divisional Manager,

New India Assurance Co. Ltd.

At/Post/P.S - Barbil, Dist- Keonjhar……………….Op. Party

 

               PRESENT

Sri A.K. Purohit - President

Smt. B. Giri        - Sr. Member

Sri S.C. Sahoo    - Member

 

Advocate for the Complainant - Sri H.S. Mohanty & G.N. Jena

Advocate for the Op. Party       - Sri A.K. Pattnaik & R.R. Rana

_______________________________________________________________________

Date of Hearing - 08.09.15                                                       Date of Order - 29.10.15

_______________________________________________________________________

Smt. B. Giri, Sr. Member – The fact of the Case are that the complainant is the owner of the Bolero vehicle bearing Regd. No. OR 05 AH 0944 which was duly insured with O.P Insurance Company on the IDV amount of Rs.4,00,000/- (Four Lakhs) and the insurance was valid from 14.12.13 to 13.12.14 and the said vehicle was met with an accident on 30.06.14 under Barbil Police Station. As such the complainant lodged Station Diary Entry before the concerned Police Station on due date of occurance and intimated the same to O.P Insurance company who deputed Surveyor and as per Surveyor advice the vehicle was taken to garrage for repair and the complainant repaired the vehicle on payment of Rs.2,36,219.00 and lodged claim before the O.P Insurance company but from the date of lodging claim to till filing this complaint neither the O.P settle the claim nor repudiate the claim and hence this case praying for a direction to O.P Insurance company to pay the entire repair charges of Rs.2,36,219.00 along with compensation of Rupees 1,00,000/- and Rs.50,000/- for mental agony and in total Rs.3,86,219/-

 

                      In support filed:

  1. Xerox Copy of FIR dt.01.07.14
  2. Xerox Copy of Policy Paper
  3. Xerox Copy of Driving License of Banamali Birua
  4. Xerox Copy of Fitness Certificate of the vehicle
  5. Xerox Copy of vehicle R.C. Book
  6. Xerox Copy of Permit Paper
  7. Xerox Copy of Invoice of Savitri Motors dt.14.07.2014 and bill of Monajir Rahman dt.23.08.14.

 

The O.P after receipt of notice from this forum appeared through his engaged counsel who filed written statement denying the allegation made in the complaint petition stating that the case is not maintainable under law and facts and the case is bad for misjoinder of party and having no merit and admitted all other facts and further stated that after thorough verification of all connecting papers of the alleged vehicle it is ascertained that the vehicle in question was purchased from one Utkalini Nath and after purchase the ownership was changed but failed to produce permit as such finding no other way in absence of valid permit, this O.P repudiated the claim as “NO CLAIM” and communicated to the complainant on 02.12.14 and hence this O.P not liable for any deficiency of service and prayed to dismiss the case with costs.

 

                  In support filed:

  1. Xerox Copy of letter dt.02.12.14 addressed to Complainant
  2. Xerox Copy of letter dt.12.10.14 addressed to Complainant
  3. Xerox Copy of Motor Survey Report.

 

Heard the learned Counsel for the parties at large and perused the material available on records and also gone through the written note of argument filed by O.P. There is no dispute that the vehicle of the complainant met with an accident during valid period of insurance and sustained heavy damages and the complainant incurred heavy expenditure to repair the said vehicle and it is also not in dispute that claim was lodged before the O.P Insurance company who deputed the loss assessor surveyor Sri Prasan Kumar Mishra to assess the exact loss of the vehicle and who assessed the loss to the tune of Rs.1,09,000/-. The foremost point come forward before us for our adjudication is that while the O.P claiming that the repudiation letter was sent to complainant on 14.07.14 the complainant refused the same and the ground for repudiation of claim is that due to non- submission of permit paper as it was in the name of Utkalini Nath instead of complainant.

 

On perusal of documents filed by both the parties it is seen that the vehicle stands in the name of the complainant and certificate of fitness was also recorded in the vehicle number and there is a permit effecting from 26.11.2009 to 25.11.2014 and insurance which was covered from the purchase date of vehicle as well as period. The advocate for the complainant argued that it is the duty of the O.P Insurance company to see that whether all the documents of the vehicle is genuine or not prior to get the vehicle insured or at the time of insurance and in the present case the O.P Insurance company verified all the documents and not raised any objection at the time of insurance of vehicle as such raising a plea that permit not stands in the name of the complainant cannot be taken to consideration and for the fault the O.P Insurance company complainant cannot be debarred from its genuine claim and as regard to repudiation of claim and intimation to complainant in this regard is also not proved as O.P failed to prove that this letter was served to complainant.

 

Under these facts and circumstances we hold that this is a fit case to allow the Complainant’s Petition with compensation and accordingly it is ordered.

ORDER

It is therefore ordered that O.P Insurance Company i.e. O.P No.1 is directed to pay the amount assessed by the loss assessor amounting to Rs.1,09,000/- to the complainant towards settlement of the claim amount with Rs.2,000/- cost and compensation within 30 days of receipt of this order. After the date the entire amount will carry 10% interest per annum till final payment.

 

                         The case is accordingly disposed of.

 

Order pronounced in the open court today i.e. on 29th day of October 2015 under my hand and seal.

 

 

 

            I agree                                                                                                      I agree

 

 

     Sri S.C. Sahoo                                    Mrs. B. Giri                                   Sri A.K. Purohit                                

         Member                                          Sr. Member                                       President                                                              

DCDRF, Kendujhar                                      DCDRF, Kendujhar                        DCDRF, Kendujhar

 

 

                                                 Dictated & corrected by me

 

 

                                                              Mrs. B. Giri

                                                               Sr. Member,

                                                       DCDRF, Kendujhar  

 

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