West Bengal

Bankura

CC/24/2020

Sri Amaresh Chakraborty - Complainant(s)

Versus

The Manager Claim, Royal Sundaram Central Insurance Co. Ltd. - Opp.Party(s)

18 Dec 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 24/2020

                 Date of Filing: 09-11-2020        

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Pradip Patra

For the O.P. :  Ld. Advocate Chandi Charan Adhvaryyu

 

Complainant  

Sri Amaresh Chakraborty, Son of Late Manimohan Chakraborty, Residing at Village Sanbandha, Tamaltala, Post Office, P.S. and District Bankura - 722101

 

Opposite Party 

1. The Manager (Claim), Royal Sundaram Central Insurance Co. Ltd., Millenium City Information Technology Park, Unit No.T-2 – 2A, Tower-2, Plot No. DN-62, Sector-V, Salt Lake, Kolkata – 700091.

2. The General Manager / Manager (Claim), Royal Sundaram General Insurance Co. Ltd., No.21, Patullos Road, Chennai – 600002.

3. The Manager (Claim), Royal Sundaram Central Insurance Co. Ltd., Bhandari Showroom, By-Pass Road, Bankura.

 

 

FINAL ORDER / JUDGEMENT

 

Order No.25

Dated:18-12-2023

The case is taken up for delivery of judgement.

None appears at the time of delivery of judgement.

The Complainant’s case is that he is the registered owner of a private car (Omnibus) Registration No. being WB 68X 8591 insured with O.P., Policy No. being MOP-4899969, valid from 24/03/2018 to 23/03/2019. On 05/01/2019 the Complainant along with his brother while going to Durgapur in the said car met with a road accident at Fulberia within Barjora P.S., Bankura being dashed by a Bolero Pick up Van No. being WB 67B 5937 whereby the car of the Complainant was badly damaged giving rise to Barjora P.S. Case No.09/2019, dt.14/01/2019 u/s 279/337/338/427 IPC. The incident was duly intimated to the O.P./Insurance Co. claiming IDB value of the car for Rs.2,98,168/- but the same was repudiated due to delay in intimation and identity of the Driver.

O.P./Insurance Co. contested the case by filing a written version reiterating the same point.

                                                                                                                                  

                                                                                                                                                                                  Contd……p/2

                                                                                                    Page: 2

                                                                               -: Decision with reasons: -

Having regard to the facts of the case, submission, contention / written argument and documents from both sides the Commission finds that there is no dispute with regard to factum of accident and the damage of the vehicle of the Complainant but the primary dispute arises with regard to the identity of the Driver. As per Surveyor’s report dated: 15/05/2019 one Sandip Gorai was not driving the vehicle as claimed by the Complainant but it was being driven by an aged person. On the other hand the Complainant has set up said Sandip Gorai as the Driver of the Vehicle at the time of accident. In support of this plea valid Driving License of said Sandip Gorai has been produced along with an affidavit and the injury report of said Sandip Gorai and also FIR and Seizure List of the above mentioned Police Case. On perusal of all such documents the Commission does not find the Seizure List in respect of the Driving License of said Sandip Gorai. Mere an affidavit and injury report will not establish the status of Driver when Surveyor’s report has doubted the identity of the Driver. The Complainant must counter the same by producing cogent evidence like Seizure List of Driving License in connection with the above mentioned Police Case so as to establish the identity of the Driver. Non-production of Seizure List of Driving License of said Sandip Gorai leaves room for doubt as to the identity of the Driver at the time of accident. Delay in intimation of the accident to the Insurance Co. should not however be seriously viewed for the purpose of settlement of claim if it is otherwise maintainable.

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.

 ____________________                 _________________         

HON’BLE   PRESIDENT            HON’BLE MEMBER