By Sri. Mohammed Musthafa Koothradan, Member
1. Fact of the case:-
The complainant is a registered owner of KL-55C 4136, 2008 Model Bajaj Pulsar 180 Motor Bike. The complainant insured his bike before opposite party for a sum of Rs.59,840/-. The insurance policy valid upto 06-11-2009. the bike is hypothecated with M/s H.D.F.C. Bank, Calicut branch. On 30-7-2009 the bike was theft by some one at the Anand Theatre, Malappuram. After necessary enquiry it was reported before Malappuram Police and Police registered a crime No.344/2009. The Malappuram police conducted investigation and the matter closed as undetected. Then he complainant informed the matter before opposite party and claimed the insurance. Later opposite party sent a letter dated, 15-12-2009 stating that “they got the report of theft only on 09-12-2009 and demanding a clarification for the delay”. Complainant submitted a reply for the notice, but opposite party sent an another notice on 31-12-2009 stating that 'explanation is not satisfactory and they are not in a possession to entertain the claim”. Hence the complainant filed this complaint praying that to direct opposite party to pay a sum of Rs.59,840/- with 18% of interest from 30-11-2009 and Rs.3,000/- as compensation.
Opposite party appeared before the forum and version and affidavit filed. Stating that the theft was alleged to be occurred on 30-7-2009, the matter was reported to the opposite party on 09-12-2009. So opposite party even suspected the veracity of the claim. The alleged theft of the vehicle is not so far intimated to the opposite party neither by the complainant nor be produced any documents for proving the contention of the complaint. The opposite party is admitting the insurance. As per the policy conditions “the notice shall be given in writing to the company immediately upon the occurrence of any accident loss or damage or in the events of any claim within 48 hours of the happening the incident.” In the case the claim was reported after a lapse of four months, ie the theft was alleged on 30-7-2009, the matter was reported to the opposite party on 09-12-2009. If really the complainant's vehicle was stolen, he would have intimate the same to opposite party immediately. So the complainant violated the policy conditions. The opposite party is not in a possession to entertain the claim of the complainant. So there is no deficiency of service on the side of opposite party. The opposite party is not liable to pay claim amount and compensation to the complainant.
Both sides evidence adduced as affidavit and documents. Complainant produced eight documents which are marked as Ext.A1 to A8 and opposite party produced six documents which are marked as Ext.B1 to B6. No oral evidence adduced by both parties.
In this matter following points are considered:-
(a) Whether any deficiency of service on the side of opposite party?
(b) If so what is the order and cost?
5. Point(a):-
The complainant and opposite party are admitting that the bike KL-55C 4136 Bajaj Pulsar has valid insurance from 07-11-2008 to 06-11-2009. The alleged theft was on 30-7-2009. That means at the time of missing the bike there was valued insurance policy for the bike. Even though the opposite party suspect the version of complainant about the theft, the complainant produced all documents to prove his version. So there is no chance for doubting the complainant. The other question is whether there is a violation of policy conditions,here is the delay for reporting theft. One thing is sure the bike had lost by theft on 30-7-2009 very immediately the lost of bike was reported before Malappuram police station. The Malappuram police had registered the crime as crime No.344/09 and they started investigation. The police had submitted the final report of crime No.344/09 on 30-04-2009. After receiving the final report the complainant reported the loss of bike before opposite party. So there was not much delay for reporting the matter before opposite party. So in this matter the violation of policy conditions are not stand in this matter. There is a deficiency of service on the side of opposite party. So opposite party has no right to repudiate the claim and liable to pay the insurance amount to the complainant.
Point (b):-
Ext.B6 documents shows that the complainant insured his bike for an amount of Rs.59,840/- and the policy valid upto 06-11-2009. According to Ext.A2 documents the bike was delivered on 18-11-2008. The bike was lost on 30-7-2009. The insurance stands in the name of complainant. So the opposite party will be liable to pay an amount of Rs.59,840/- to the complainant along with an interest of 6% per annum from the date of filing the complaint. Opposite party give the cost of Rs.1,000/- to the complainant. No compensation ordered.
In the result we allow the complaint and ordered opposite party to pay to the complainant a sum of Rs.59,840/- (Rupees Fifty nine thousand, eight hundred and forty only) along with an interest of 6% per annum from the date of filing the complaint till payment along with a cost of Rs.1,000/- (Rupees One thousand only) within one month from the date of receipt of this order copy.
Dated this 12th day of January, 2010.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A8
Ext.A1 : Photo copy of the First Information Report dated, 05-8-2009 prepared by Sri.T. Manoharan, S.I. of Police, Malappuram.
Ext.A2 : Photo copy of the Registration certificate in respect of vehicle No.KL 55 C 4136
Ext.A3 : Photo copy of the Final Report dated, 30-11-2009 by S.I. Of Police, Malappuram.
Ext.A4 : Photo copy of the Regd. A/D letter dated, 15-12-2009 from opposite party to complainant.
Ext.A5 : Photo copy of the Regd. A/D letter dated, 31-12-2009 from opposite party to complainant.
Ext.A6 : Photo copy of the Regd. A/D reply notice dated, 17-02-2010 by complainant's counsel to opposite party.
Ext.A7 : Photo copy of the Regd. A/D letter dated, 22-10-2010 from opposite party to complainant's counsel.
Ext.A8 : Photo copy of the request dated, nil by complainant to opposite party.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1 to B6
Ext.B1 : Request dated, 09-12-2009 by complainant to opposite party.
Ext.B2 : Photo copy of the Regd. A/D letter dated, 15-12-2009 from opposite party to complainant.
Ext.B3 : Photo copy of the Regd. A/D letter dated, 31-12-2009 from opposite party to complainant.
Ext.B4 : Photo copy of the Regd. A/D letter dated, 22-10-2010 from opposite party to complainant's counsel.
Ext.B5 : Motor Claim Form dated, 09-12-2009 submitted by complainant to opposite party.
Ext.B6 : Two Wheeler Package Policy certificate with terms and conditions by opposite party to complainant.
Sd/-
C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
