Date – 07.02.2022

SRI  SWADES  RANJAN  RAY

                                 President

It appears from the record that the complaint case filed on 29.07.2021 and after receiving summon, Opposite Party remain absent without any step.  As a result, this complaint case proceeds ex party against the Opposite Party. 

Fact of this case, in short, is that the Complainant is the owner of a Heavy Goods Vehicle (Truck), having Registration No. WB 23D 1926, engine No. 400950D0012396, Chassis No. MEC2121CKEP012160, maker of the vehicle Bharat Bennz.  The said truck was insured with the Opposite Party under Policy No. VGC 0448920000102, valid from 14.03.2019 to 13.03.2020 having IDV ₹14,50,000/- (Rupees Fourteen lakh Fifty thousand only) issued by Royal Sundaram General Insurance Company Ltd. in favour of M/s. Tirupati Fleet Owners.  The amount of premium paid by the Complainant to the Opposite Party was ₹56,826/- (Rupees Fifty Six thousand Eight hundred and Twenty Six only) for the said policy.  The said truck had a national permit for public carrier.

That on 13.05.2019 at night Rakesh Ram, the driver of the said truck, drove the truck from Kolkata to Haldia Petrochemical for loading purpose and on 14.05.2019 the said truck was loaded at Haldia from B.L.R. Logistics (I) Ltd. with plastic granules and after loading the driver stated the journey for Dadra, India.  The driver Rakesh Ram had valid driveling license to drive heavy goods transport vehicle issued by appropriate authority and the license was valid till 31.07.2021.

That the said truck was driven by the driver, Rakesh Ram along with Khalasi, Ajay Jadav.  On 17.05.2019 at about 3.30 p.m. at Village Ramthamv, Police Station Malikapur, District Dhule, the driver of the said truck along with Khalasi, Ajay Jadav, who was sitting on the left side of the chair of the truck and the truck was running with a speed of 50-55 km/hr, suddenly the said truck met with an accident due to sudden interference of a Belero Mahindra pick-up van.  Due to accident the driver of the said truck jumped towards cleaner side before collision, as a result, the driver did not sustain any injuries but unfortunately, the Khalasi Mr. Ajay Jadav got fracture injury at his right leg due to sudden fall of iron jog on his right leg.

That the driver of the said truck informed the Complainant about the said accident over telephone.  After accident the police came to the spot and seized the truck and driving license, Road Challan and other papers of truck from the driver and the said vehicle was taken to the police station through crane which was hired from A.K. Crane Service at a charge of ₹7,500/-.  Thereafter, the Khalasi was taken to Sub District Hospital at Malikapur and later he was shifted to G.M.G. Hospital, Akola.  Later the Khalasi returned to his home at village Raipur on 18.05.2019.  On 18.05.2019, the driver of the said truck visited the police station to meet the investigating officer and on 04.06.2019, the truck was released by Ld. Court.  Thereafter, the said truck was taken to Dulhe workshop for repairing works on 07.06.2019 by crane which was hired from Dhulia Crane Service at a charge of ₹25,000/-.

That on 22.05.2019 one Sham Manik Chahare made a police complaint before Malikapur Police Station about the said accident which occurred on 17.05.2019 at 3.30 p.m. as Mr. Chahare was the owner of the Beloro Mahindra pick-up van having registration No. MH 14EM 6371 which was also involved in the said accident along with the truck of the Complainant.  In the said F.I.R. it has been clearly mentioned that the accident occurrence on 17.05.2019 at 3.30 p.m. and the involved vehicle numbers are WB 23D 1926 and MH 14EM 6371.

That the Complainant submitted a claim form on 07.06.2019 along with estimated cost of repair of the truck of ₹7,73,943/- (Rupees Seven Lakh Seventy Three thousand Nine hundred and Forty Three only) and crane charges of ₹32,500/- (Rupees Thirty Two thousand Five hundred only) along with all other relevant documents with the Opposite Party, Insurance Company for reimbursement of the amount of loss of vehicle by the Complainant due to such accident.

That the Opposite Party Insurance Company issued a letter dated 27.06.2019 by which J.D. Insurance Solution was appointed as investigator to investigate the claim of the Complainant.  During the investigation the Complainant and his driver issued letter in from of declaration for its claim on 02.07.2019.  One agent of the Insurance Company visited the residence of the Khalasi (cleaner) of the said truck and forcefully took signature of the Khalasi on blank paper on 17.07.2019.  The said agent did not disclose his identity to the Khalasi and only stated that he was an agent of the Opposite Party Insurance Company and his mobile number is 827407790.  At the time the Khalasi was bed ridden and hence Lallan Yadav, the father of the Khalasi, went to the police station and made a police complaint on 17.07.2019 against the forcibly obtaining signature of his son on blank paper with a apprehension that the said signed paper might be used by the Insurance Company against his son for some misdeeds or against the claim of the Complainant.

That the claim of the Complainant has been illegally and arbitrally repudiated by the Opposite Party/Insurance Company without any justified or valid grounds through letter dated 07.08.2019.  The Insurance Company did not mention in the repudiation letter that under which provision of the insurance policy, the claim of the Complainant was repudiated and only mentioned that there has been misrepresentation of facts with regard to the driving license but it was not made clear in the letter as to what was the fault with the driving license.  Such acts of negligence amount to deficiency in service on the part of the Opposite Party Insurance Company.

That the Insurance Company did not provide Investigation Report or Survey Report of the said accident to the Complainant.  Moreover, representative of the Insurance Company has conducted illegal acts by forcefully obtaining signature of the Khalasi (Cleaner) of the said truck of the Complainant in blank paper.

That the Complainant thereafter issued legal notice dated 25.03.2021 through Ld. Advocate of the Complainant thereby requesting the Opposite Party to pay ₹8,06,443/- (Rupees Eight lakh Six thousand Four hundred and Forty Three only) together with further interest @ 18% per annum form the date of loss i.e. 17.05.2019 till actual payment or realization.

Hence, this complaint case,

Points for decision

                                      I. Whether Complainant has any cause of action to file this case or not?

                                     II. Whether there is any deficiency of service on the part of Opposite Party or not?

                                    III. Whether Complainant will entitle to get any relief / reliefs as prayed for or not?

Decision with reason

All these points are taken up together for sake of convenience and brevity.

In support of this complaint case, Complainant filed Affidavit in Chief and other related documents.

I have carefully perused the petition of complaint, Affidavit in Chief filed by the Complainant.  It is the case of the Complainant that the Insurance Company illegally repudiated the claim of the Complainant.

It appears from the Insurance Policy Certificate, wherein I found that the policy valid upto from 14.03.2019 to 13.03.2020 vide Policy No. VGC 0448920000102 and accident took place on 17.05.2019.

Hence, I hold that accident took place within the policy period.  It appears from the Policy Certificate that the claimant is a policy holder and regularly made the premium to the Opposite Party @ ₹56,826/-. 

I have carefully perused the repudiation letter issued by the Opposite Party Insurance Company wherein, I do not find any specific reason only allegation is that the driver has no valid driving license.  It appears from the record that the driver has valid driving license at the time of accident.

Moreover, there is no document or evidence before this Commission on the part of the Opposite Party that the contention of Complainant is false. 

Hence, in my view, the evidence as well as the annexures of the claimant remains unchallenged. Hence, there is nothing before this Commission to disbelieve the unchallenged testimony of the Complainant.

Hence, in my view, refusing the claim amount is amounts to deficiency of service under Section 2(11) of the Consumer Protection Act, 2019.  As the Complainant able to prove his claim, refusing the same amounts to under deficiency in service according to Consumer Protection Act, 2019. 

All the points disposed accordingly.

In the result this complaint case succeeds.

Court fee paid correct.

Hence, it is,

                                               O R D E R E D

that the complaint case be and the same is allowed ex parte against the Opposite Party.

Opposite Party is directed to make payment claim amount of ₹8,06,443/- (Rupees Eight lakh Six thousand Four hundred and Forty Three only) along with interest @ 5% per annum from the date of filing of this case i.e. 29.07.2021 till the date of realization i.e. within 1 (One) month from the date of this order.

Opposite Party is also directed to make payment compensation of ₹20,000/- (Rupees Twenty Thousand only) for mental pain and agony and litigation cost of ₹10,000/- (Rupees Ten Thousand only) in favour of Complainant within 1 (One) month from the date of this order.

In default of payment of above mention amount by the Opposite Party, liberty given to the Complainant to file Execution Case for realization of the same.

Hence, this complaint case is disposed of accordingly.

Let a copy of this judgement be handed over to the Complainant at free of cost.