::BEFORE THE DISTRICT CONSUMER DISPUTES  REDRESSAL FORUM, AT BIDAR::

                                                               C.C. No.03/2017,04/2017.

                                                            Date of filing: 23.01.2017.

                                                                   Date of disposal: 18.01.2018.

P R E S E N T:-    

                              (1) Shri. Jagannath Prasad Udgata,                                                                                                                                    B.A., LL.B.,

                                                                                                President

                             (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

COMPLAINANT/S:             Mohammed Basheer Sab Mullawale
                                              S/o Moulana Sab,

                                              Age: Major, Occ: Business,

                                                  R/o Village  Sirkatnalli,

                                              Tq and Dist: Bidar.

                                                  (By Sri. K.Bhadrashetty, Adv.)

                                                                 VERSUS

OPPONENT/S:        1)         The Managing Director, M/s Shri Ram General 
                                             Insurance Company Limited, E-8 EPIP, RIICO
                                             Industrial Area, Sitapura, Jaipur,
                                             Rajasthan 302 022.

                                              (By Sri. Wilson Shiromanie, Adv.)

::   J UD G M E N T  : :

By Shri. Jagannath Prasad Udgata, President.

    A Single individual has approached this Forum alleging deficiency of service in the part of the opponent by filing two complaints U/s.12 of the C.P.Act., 1986 against a common opponent alleging non-payment of insurance amount.

2.         The subject matter of the complaints in a nut shell are as follows:-

                        That the complainants’ son by name Md. Saleem, was the owner of motor vehicle bearing Reg.No.AP.13W.8848.   Said Md. Saleem had obtained insurance cover, in respect of the vehicle at EX-P1 of both complaints.  The insurance policy was composite/comprehensive.

3.          The ID of vehicle was Rs.5,00,000/- and extra premium of Rs.100/- was paid in respect of owner drivers P.A. cover.  The complainant was nominee of the owner in the policy.  The policy was valid from 26.06.2014 to mid night of 25.06.2015.  It is stated by complainant that on 15.03.2015 at about 11:30 hours when the vehicle was plying within the limit of Basavakalyan (R) Police Station Basavakalyan Taluk, Dist: Bidar.  The vehicle was being driven by valid Driving License holder/ driver by name Ashok S/o Prabhu.  It dashed against the electric pole installed in the land of one Baburao Bhadure of Yerandagi village situated at the side of the road.  The vehicle was toppled,  fully damaged and the owner sitting in the cabin died in the accident.

4.         The driver absconded from scene.  The section officer of GESCOM,
 O & M section.,  Rural division 2 Basavakalyan filed a police complaint on which investigation was taken up,  vide Cr.No.26/2015 of Basavakalyan ® Police Station.  Spot panchanama and also inquest of the deceased was held, a postmortem was conducted on the dead body and charge sheet was filed against the driver.

5.         The opponent insurance company not coming forward to pay the personal accident insurance cover amounting to Rs.2,00,000/- and cost  of damages to the extent of Rs.5,00,000/-., the complainant had got issued legal notice on date 16.12.2016 which was never heeded.  Therefore, the complainant is before us.  He has submitted the documents to substantiate his claim described at the end of this order.

6.         The opponent has filed much belated written version in which it admits about the insurance policy and validity.  The opponent claims at one point of time that the complainant has never given any intimation of accident, but, it was its officers who came to know about it.

7.         The insurance company then had taken a full about turn in Para 5 of version that, it has received the claim intimation on 18.03.2015 and corresponded with the complainant vide letters date: 23.03.2015 sent on 26.03.2015 advising to shift the motor vehicle to nearest garage for repair.

8.         It is claimed, the above said letter was followed by the reminders date: 07.04.2015 and 18.04.2015.  The opponent further claims that inspite of its reminder the complainant had not filed the properly filled up claim from and instead had sent legal notice dated 16.12.2016 one sided and has approached this forum.  It is further stated that the cases are pre mature and should be rejected with cost.  Reading through the lines of the complaint and the versions, the following common points arise for our consideration.  Parties have submitted their respective evidence affidavits.

            Points.

1. Does the complainant prove that there has been deficiency of services in the part of the opponent.
2. Does the O.P. prove that the case is premature liable to be set aside?
3. What order?

9.         Our findings to the points No.1 and 2 are being answered as follows:-

1. In the affirmative.
2. In the negative.
3. As per final orders owing to the following:

                                                         :: REASONS ::

10.       Points No.1&2:-The complainant has submitted all relevant documents as mentioned at the end of this order.  The opponent has never raised dispute towards the facts of accident or valid insurance cover.   Rather the opponent has raised a meek opposition in the versions that, the complainant has not sent any information or filed the claim form.  Amazingly the version is full of contradictions.  While in one voice the opponent denies receipt of information of the accidents,  in other voice it admits about the fact of information was received on 18.03.2015.  Normally the claim forms are proto-types printed by the insurance company and provided to the claimants to be duly filed in and submitted subsequent to claim intimation.  No where the opponent states to have sent such claim form to the complainant at any point of time.  This act of the opponent speaks volumes of its deficiency of services.  Even after the filing of the two cases,  the opponent Insurance company has never confirmed to have provided such printed claim forms.  Consequentially we hold the opponent committed deficiency of service and answer the points as stated above.

11.         Through the complainant has submitted documents vide Ex.P.30 to Ex.p.37 claiming to have spent Rs.8,60,100/- for repair of the vehicle in C.C.No.4/2017 he has confined his claim to Rs.5,00,000/- being the I.D.V. Resultantly, we pass the following.

                                                     ::ORDER:: 

1. The complaint is allowed in part.
2. The opponent insurance company is here by directed to pay a sum of Rs.2,00,000/- as claim as in C.C.No.3/2017 and further Rs.5,00,000/- as claimed in C.C.No.4 /2017 to the complainant.
3. The opponent is further directed to pay a sum ofRs.10,000/- in each case towards the sufferings and mental agonies caused to the complainant.
4. The opponent is further directed to pay of sum of Rs.5,000/- in each case to the complainant as litigation expenses.
5. Both the awards would carry an interest of 12% P.A. from the date of filling of the complaint till the date of realisation.
6. The original of the order would be kept in C.C.No.3/2017 and copy that of in C.C. No. 4/2017.
7. Four weeks time granted to comply this order.

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 18^th  day of January-2018).

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.                                                                                         

Documents produced by the complainant in C.C.No.3/2017.

1. Ex.P.1-  Insurance certificate.
2. Ex.P.2– F.I.R. and complaint.
3. Ex.P.3– Charge sheet.
4. Ex.P.4—Further statement of complaint.
5. Ex.P.5- Spot Mahazar.
6. Ex.P.6- Inquest report.
7. Ex.P.7- P.M. report.
8. Ex.P.8 to P.11- Photos of damaged lorry.
9. Ex.P.12-Sketch map of scene of occurance.
10. Ex.P.13 to P.22- Witness statements.
11. Ex.P.23- Accident report.
12. Ex.P.24- Estimate report of Pole replacement by GESCOM.
13. Ex.P.25- National permit by R.T.A. of Andhra Pradesh.
14. Ex.P.26- Authorisation certificate.
15. Ex.P.27- Authorisation Certificate.
16. Ex.P.28- Pollution Control Certificate.
17. Ex.P.29- Further authorisation certificate (Validity 15.04.2015 to 
                     15.04.2016).
18. Ex.P.30- Driving licence of Ashok S/o Prabhu.
19. Ex.P.31- Office copy of legal notice.
20. Ex.P.32- Postal receipt of above.
21. Ex.P.33- Postal acknowledgement.

Witnesses Examined.

1. P.W.1- Mohammed Basheer Sab (Complainant).
2. R.W.1- Sri Peeyush Jain.

Documents produced by the complainant in C.C.No.4/2017.

1. Ex.P.1-  Insurance certificate.

2. Ex.P.2– F.I.R. and complaint.
3. Ex.P.3– Charge sheet.
4. Ex.P.4—Further statement of complainant.
5. Ex.P.5- Spot Mahazar.
6. Ex.P.6 to 10-Inquest report.
7. Ex.P.11- Sketch map of scene of occurance.
8. Ex.P.12 to P.21- Statements witness.
9. Ex.P.22-Accident report of Police.
10. Ex.P.23- Letter of M/S GESCOM to Police with estimate.
11. Ex.P.24- National permit.
12. Ex.P.25- Fitness Certificate.
13. Ex.P.26- Authorisation Certificate.
14. Ex.P.27- Pollution Control Certificate.
15. Ex.P.28- Further authorisation Certificate (Original).
16. Ex.P.29- Driving licence of Ashok S/o Prabhu.
17. Ex.P.30to 37- Bills and estimates of repair to the demaged vehicle  
                      (Total amount Rs.8,60,100/-)
18. Ex.P.38- Office copy of legal notice.
19. Ex.P.39- Postal receipt.

Witnesses Examined.

1. P.W.1- Mohammed Basheer Sab (Complainant).
2. R.W.1- Sri Peeyush Jain.

 Document produced by the Opponent.

 –NIL-.

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                      President.