Tripura

West Tripura

CC/14/85

Sri Arup Sinha - Complainant(s)

Versus

The Managing Director SBI General Insurance Co. Ltd. And Other. - Opp.Party(s)

Mr. A. Nandi

25 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

    CASE NO:  CC-  85 of 2014

    Arup Sinha, 
     S/O- Late Atal Chouba Sinha,
     Birendranagar, Jirania, 
     West Tripura.            …...........Complainant.
    
             ______VERSUS______

1. SBI General Insurance Co. Ltd.,
Represented by Managing Director,
Natraj, 101, 201 and 301, Junction of 
Western Express Highway & 
Andheri -Kurla Road,
Andheri(East), Mumbai-400069.
 
         2. In-charge, The AVP-Claims Operations,
Kolkata,
SBI General Insurance Co. Ltd.,
4th Floor, 'B' Block, Apeejay House,
15, Park Street, Kolkata- 700016.

3. The Branch Manager, 
SBI General Insurance Co. Ltd.
2nd Floor, Lakshmi Darshan, G.S. Road,
Opp. to Bora Service Ulubari,
Ulubari, Guwahati, Kamrup,
Assam-781007.            

4. Indu Motors,
Authorized dealer of Hindustan Motors Ltd.,
6, Sukantala Road, Agartala,  
 West Tripura. 

5. A.G.M. RASECC, 
Agartala Corporate House, 
4, Mantri Bari Road, Agartala, 
West Tripura.             …..........Opposite Parties.
            

                    __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Asish Nandi,
                      Sri Sushanta Sekhar Datta and 
                      Sri Sanjoy Saha,
                      Advocates.
    
For the O.P. No. 1, 2 & 3        : Kahinoor N. Bhattacharya and 
                      Sri Swarup Pandit,
                       Advocates.    
          
                               
JUDGMENT  DELIVERED  ON: 25 .01.16

J U D G M E N T
          This case arises on the petition filed by Arup Sinha. Fact of the case in short is that the vehicle of the petitioner was insured with the O.P. No. 3 for a sum assured of Rs. 4,96,500/-. The policy coverage was from 2012 to 2013. During the policy coverage period the winger 1.8 vehicle suddenly was gutted and damaged totally. The matter was informed to the O.P. immediately. For repairing estimate amount given for Rs.2,57,000/- claim placed before the Insurance company. Insurance company proposed to pay Rs.1,25,000/-. Petitioner did not agree and finally claimed amount of Rs.14,65,203/- on different grounds.  

2.        O.P. SBI, General Insurance Company Ltd. appeared, filed written objection denying the claim. It is  stated that no due care was taken by the petitioner and liability can not be fixed upon the insurer. It is also stated that incident  occurred due the negligence of the petitioner.

3.        On the basis of rival contention raised by the parties following points cropped up for determination before us.

        (i) Whether the petitioner being consumer is entitled to get the insured amount on the damage  of  van?
        (ii) Whether the petitioner is entitled to get the compensation as claimed?
        
4.         Petitioner side produced Invoice, Insurance  Policy Certificate, Letters, Notice, Discharge voucher, Bank Statement exhibited and marked as Exhibited- 1 Series. Petitioner also produced the statement on affidavit of one witness and cross examined. 

5.        O.P. side produced no evidence though several chances has given. 

6.        After hearing both sides we shall now decide the above points.
        It is admitted fact that the vehicle was insured with the SBI General Insurance Company vide policy no- 257982. The insured declared value was Rs.4,96,500/-. Policy coverage date was up to 18.04.13. Premium Rs.2000/- paid. As per policy terms and condition when the vehicle exceeded 6 months not exceeding one year then depreciation is 5%. from declared value. It will be 15% if one year to 2 years it is 20% if above 2 years. On 12.04.13 information was given to O/C, Champaknagar, P.S. though incident occurred on 05.04.13. There was 7 days delay. The matter was informed to station officer, Fire Service, Jirania on 19.04.13. Mechanical examination was done by Inspector of motor vehicle and actual cause of such accident was not detected. Arup Sinha, petitioner approached the Manager, Indu Motors, Authorized dealer to examine the vehicle and give exact estimate. Correspondence was done by Opposite party and his attention was drawn on condition no. 3 of motor policy, where it is stated that the company may at its own option repair reinstate, replace the vehicle insured or pay thereof and /or its accessories or may pay in cash the amount of the loss or damage.  It is  admitted that the Insurance company did not repair, reinstate or replace the vehicle or did not pay any cash amount. By another letter the company asked the petitioner to produce discharge voucher for satisfaction of his claim. The works manager of Indu Motors through a letter informed the petitioner that the vehicle can not be rebuilt, reused and reinstate for claim for total loss. Indu Motors is the authorized dealer of Hindustan Motors, Manufacturer.  The contention of the O.P. is that their surveyor assessed the damage and in the opinion of that surveyor the total cost of damage was Rs.1.4 lakhs. So, they were ready to pay Rs.1.25 lakhs. But that surveyor report wast not produced before us. Surveyor is not placed before the Forum for facing cross examination by complainant. Another contention of the Insurance company is that the insurer did not take any reasonable step to safeguard the vehicle. But the company did not give any single evidence to support that the insurer did not take any reasonable step. Nothing produced to show that they have provided IRDA approved independent surveyor. This Forum direct the Executive Engineer, Mechanical Division to assess the quantum of damage of vehicle on inspection. The Inspection report is produced and it is reported by SDO, Mechanical that the damaged vehicle was beyond scope of any repairing. So, from the materials produced before us and the evidence given by the complainant, Arup Sinha  it is clear that the vehicle of the petitioner was totally damaged by the fire incident. The Insurance Policy had the coverage  from 19.04.12 to 18.04.13. The fire incident occurred on 15th April, 2013 within the policy coverage period. So, as per terms and conditions laid down the insurance company is under liability to pay declared value after calculation & depreciation. Depreciation depends on the age of the vehicle. The vehicle was purchased as per voucher/invoice Exhibit- 1 Series. The vehicle purchased on 10th April 2012. So, after one year the vehicle was gutted. Depreciation will be 15% on 5 lakhs that is  Rs. 75,000/- is to be deducted. The amount stands as Rs.4,25,000/-. The company is to indemnify the insurer as per terms if it is damaged by fire incident. The Grievance Redressal Cell of the company did not take any step earlier. It is true that there was delay in placing the demand but that is not sufficient to discard the claim. The Insurance company did not take right step for payment of insured amount though the insurance was alive. It is deficiency of service in our views. We have considered the evidence as produced by the petitioner and in our considered view petitioner is entitled to get the amount of Rs.4,25,000/-, for damage of insured vehicle, the insured amount and also amount of Rs.25,000/- for deficiency of service by the O.P. along with cost of the petition Rs.1000/-. We decided the above points accordingly. 

7.        In view of our above decision on the above points the petition of the petitioner is partly allowed. We direct the SBI, General Insurance company to pay total amount of Rs.4,51,000/-(Rupees four lakhs fifty one thousand) to the petitioner, failing which they are to pay interest @ 9% P.A. Supply copy of the judgment to the petitioner and the Opposite parties, SBI General Insurance Company Ltd.    
  
8.                  A N N O U N C E D

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 
SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.