Jharkhand

Bokaro

cc/15/140

Sri Tarun Kumar Sambharwal - Complainant(s)

Versus

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

Manoj Kumar Tiwari

25 Jan 2019

ORDER

The complainant Tarun Kumar Sambharwal has filed this case for a claim of Rs. 54,000/- with 12% interest p.a. since 10.06.2015 and compensation of Rs. 20,000/- for mental and physical harassment and litigation cost of Rs. 10,000/-.

2          The brief case of the complainant is that he is a registered owner of Yamaha Fazer motorcycle having registration No. Jh09S1337 with comprehensive insurance vide Policy No. 332701/31/2015/514 for the period 03.05.2014 to 02.05.2015 having IDV value of Rs. 54,000/-.

            On 17.06.2014 the complainant purchased some article from the market and came to his house and parked the motorcycle on the ground floor and locked safely at about 10:00 P.M. and went to his quarter on 2nd floor but when he came after his diner he found that his vehicle was stolen by some unknown miscreants.

            The complainant immediately lodged case at Sector 4 P.S.  having case No. 194/2014 dated 18.06.2014 u/s 379 IPC but after investigation the Police submitted final form that the incident of theft is true but clueless which was accepted by the Court on 04.12.2014.

            Complainant has filed claim before the Insurance company but the insurance company on 10.06.2015 repudiated the claim of the complainant of the complainant on the ground that the vehicle was unattended and this is a gross negligence on the part of the complainant. He has also filed the following documents in support :-

Anx-1 Copy of the Registration Certificate.

Anx-2 Copy of the insurance Policy.

Anx-3 to 3/2 Copies of the FIR, FRT and Court Order dt.

           04.12.2014.

Anx-4 Copy of Repudiation Letter dt. 10.06.2015.

3          Both the O.P. appeared ad filed W.S. It is submitted that the case is not maintainable and there is no deficiency on the part of the O.P. The theft is accepted as being true but it is submitted that complainant was careless and negligent at the shop where the key of the motorcycle was missing and the complainant parked the vehicle out side of the quarter unattended and thereafter the motorcycle was stolen as such the O.P. is not liable to pay the claim amount and repudiated the claim. O.P. has also filed Anx-A Photo Copy of the Insurance Policy and Anx-B Photo Copy of intimation letter, Anx-C & D Photo Copies of repudiation letter and Anx-E Photo Copy of Surveyor Report.

F I N D I N G S

4          We perused the record and documents filed , we have no doubt the complainant being owner and purchaser of the motorcycle in question, therefore he is a consumer and the dispute is a consumer dispute.

5          Admittedly motorcycle was stolen by some unknown persons but only ground taken by the O.P. that at shop the key of the vehicle was missing which was kept by complainant and thereafter he went his house and taken back the second key from his house and thereafter, he had taken away his motorcycle and safely locked and kept at the ground floor unattended and he went to his house at 2nd floor.  The ground taken by the O.P. is lame excuse throwing responsibility on the complainant as the vehicle was unattended. This is not acceptable, therefore, we find the O.P. has no reasonable ground to repudiate the claim of the complainant and the O.P. is deficient in service and he is liable to pay the claim of the complainant.

6          Accordingly, we allow the claim of the complainant and O.P. Oriental Insurance Co. Ltd. Is hereby directed to pay Rs. 37,000/- (Rs. Thirty seven thousand)(minus depreciation of 3 years as the vehicle was purchased in year 2011) only with interest of 6% Per annum since the date of repudiation.

O.P. is further directed to pay compensation of Rs. 3000/- (Rs. Three thousand) only for mental harassment and litigation cost of Rs. 1000/-(Rs. One thousand) only to the complainant within 60 days of passing this order, failing which the rate of interest on the main claim shall be enhanced 12% P.A. till realization.