Order No.  7  dt. 17/04/2018

        The case of the complainant in brief is that the complainant purchased a truck being no.OD-15E-1421 for maintaining his livelihood and the complainant purchased an insurance policy being no.OG-17-3033-1803-0000037 from o.p. insurance company and paid premium of Rs.38,069/-. During the subsistence of the said policy on 9.11.16 Sambalpur Truck Owners’ Association hired the truck from the complainant on behalf of Jamshedpur Transport Ltd. Subsequently Jamshedpur Transport Ltd. loaded aluminum sheet coil in the said truck from the custody of Hindalco Industries Ltd., Hirakud, Orissa, for delivery of the said aluminum sheet coil at Belur, Howrah. Mr. Dinesh Tiwary was appointed for driving the said truck. The truck did not reach the destination on 10.11.16 and the complainant all through tried to contact the driver of the said truck, but failed to keep any contact. On the basis of the said fact the complainant lodged an FIR at Sankrail P.S. and a case was started and the policy submitted final report without recovery of the truck in question. The complainant immediately after the said fact informed the insurance company, but the insurance company advised the complainant for lodging the FIR and thereafter the complainant lodged the claim, but insurance company repudiated the claim of the complainant on the ground that since the information was given to the complainant after the expiry of some period and FIR was lodged in belated manner, therefore the claim of the complainant was not entertained. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for releasing the insured sum in favour of the complainant as well as compensation and litigation cost.

            The o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            The complainant in order to prove the case filed  an affidavit of evidence whereby he stated the entire fact as to how the vehicle was engaged for loading the goods from Orissa for delivery the same at Belur, Howrah and on the way the complainant noticed that the truck did not reach the destination and he tried his best to keep contact that the driver of the said vehicle, but he failed to keep any contact with him. The complainant thereafter tried to find out the vehicle in question for which some delay was committed in lodging the FIR, but the complainant has stated that immediately after not tracing out of the said vehicle by the complainant, the insurance company advised the complainant to lodge the FIR thereafter the claim of the complainant will be entertained. Since there was intervention of holidays and with the persuasion of the matter by the consignor and with the intervention of Sambalpur Truck Owners’ Association an FIR was lodged. The said fact was informed to the insurance company, but the insurance company failed to decide the claim in favour of the complainant. The complainant filed some documents to show that the policy was valid at the relevant point of time. On perusal of the document we find that the claim of the complainant was repudiated by the insurance company without any cogent reason whatsoever. In this respect we can rely on a decision as reported in IV 2017 CPJ 10 (SC) wherein it was held that delay in intimation and the decision of insurance company to reject the claim has to be based on valid ground. Rejection of claims on purely on technical ground in a mechanical will result in loss of confidence of policy holders in insurance industries. On the basis of the said ruling as well as the materials on record we hold that there is deficiency in service on the part of o.p. and as such, the complainant will be entitled to get the relief as prayed for. Thus the case is disposed of accordingly.

            Hence, ordered,

           that the CC No.359/2017 is allowed ex parte with cost against the o.p. The o.p. is directed to pay the insured sum of Rs.7,60,000/- (Rupees seven lakhs sixty thousand) only to the complainant along with compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.