DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 281/ 2015
Rashmi Ranjan Lenka,
S/o- Ratnakar Lenka, At – Kuanarpal, PO- Garjanga,
Dist – Kendrapara.
…. Complainant
-Vrs.-
Royal Sundaram Alliance Insurance Company Ltd., Radhika Complex, 2nd Floor, Cuttack Road,
Jharapada, Bhubaneswar , Dist – Khurda,
Through its Manager.
.
…. Opp. Party
For the complainant : Sri K.C.Prusty (Adv.)
For the OP : Exparte
DATE OF FILING : 03/08/2015
DATE OF ORDER : 06/04/2023
ORDER
S.TRIPATHY, MEMBER
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, he is the registered owner of the vehicle bearing registration number OD-29-5606. He had insured the vehicle with the OP. The insurance policy was valid with effect from 31/05/2013 to 30/05/2014. It so happened, on 17/12/ 2013 at about 11:30 PM, while the vehicle was proceeding towards Paradeep, it met with an accident. The matter was accordingly reported at Police Station which was recorded vide SD No.290 dated 18/12/2013. Accordingly, he also lodged claim before the OP and his claim was registered bearing No.TQ00010789. The complainant took the vehicle in question to the authorized service centre of Tata Motors at Gopa Chhaka, Kendrapara for repairs and the repair cost was estimated at Rs.4,83,160/-. Since the vehicle was totally damaged, the complainant claimed the insured value of the vehicle from the OP who did not respond. Hence this complaint.
3. On the other hand, the OP remained absent, as such it was set exparte and exparte hearing was taken up on 23/03/2023.
4 Perused the materials on record. The photocopy of the registration certificate shows that, the complainant namely Rashmi Ranjan Lenka, is the registered owner of the vehicle bearing registration number OD-29-5606. The photocopy of the insurance policy shows that, the vehicle was insured with the OP and the ID value of the vehicle was Rs.3,58,189/-. The policy was valid from 31/05/2013 to 30/05/2014. The engine number and chassis number mentioned in the insurance policy match with the engine & chassis number mentioned in the registration certificate. The fact that the vehicle met with accident is not disputed. The authorized service centre estimated the repair cost as Rs.4,83,160/- which is more than the insured value of the vehicle. Hence, it is a case of total loss. The insurer should have paid the insured value of the vehicle, as it is a case of total loss. As it appears the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed exparte against the OP. The OP is liable to pay Rs.3,58,189 to the complainant. Besides, the OP is further liable to pay compensation of Rs.20,000/- (Rupees twenty thousand) only towards mental agony suffered by the complainant and a sum of Rs.3000/- (Rupees three thousand) only towards litigation expenses. The order be complied with by the OP within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP in accordance with law.
The order is pronounced on this day the 6th April, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno
