Adv. For the Complainant: - Sri B.K.Mishra
Adv. For O.Ps :- - Sri Radha KantaMohakur
Date of filing of the Case :- 28.07.2021
Date of Order :- 23.02.2023
JUDGMENT
Fact of the case in nutshell-
1 . The complainant who is the owner of M/S. Anjaneya Filling Center situated at village Mahagaon near Saintala , District Bolangir is also the owner of an oil tanker bearing registration No. OR 15-R- 6208. The Complainant had insured the same vehicle having the oil tanker as well as the petroleum Oil Contents (Product) of the tanker against any loss caused in any accident with Oriental Insurance Co. Ltd. Who is Op in this case , vide policy No. 345600/31/2018/1506 dated 08.06.2017 and the 2nd one vide No.345600/48/2018 dated 17.08.2017 respectively.
On dated 09.05.2018 the said tanker OR 15 R 6208 was transporting 9000 ltrs of (HSD) diesel and 900 ltrs of (MS) petrol from Paradip to Saintala It met with an accident at about 5.30 A.M. at Jarpada as a result of the accident the tanker capsized by the side of the Road and damaged caused to the tanker (HSD) diesel and (MS) Petrol loaded in the tanker leaked out through the sealed caps. The complainant informed the incident to the OP telephonically and the OP received the information deputed one surveyor Mr. Ashok Kumar Behera to the spot assessment of loss and damaged caused in the accident and the surveyor said to reported No loss of (HSD) or (MS).
Again the OP sent another surveyor to the spot on dated 10.05.2018 namely Mr. R.N. Tripathy for final assessment of loss and damage caused in the accident to the tanker and also the petroleum product i.e. (HSD)and (MS) in the presence of the petitioner the survey was conducted.
After the visit of the final surveyor the tanker was brought to the petrol pump of the petitioner at Mahagaon , Saintala. Again on dated 13.05.2018 the final surveyor Mr. R.N. Tripathy visited the petrol pump of the petitioner , where the tanker was parked and carried out a through and detailed inspection and assessment of damages to the tanker and loss of petroleum oil caused due to the accident with the help of DIP measurement rod etc. in accordance with the prescribed procedure for such assessment and found a total loss of petroleum oil of Rs. 3,87,755/- and submitted his report dated 28.02.2019 duly counter signed by the complainant.
After submission of report by the surveyor Mr. Tripathy the OP settled the damage claim of the tanker but did not settle the loss caused to the petroleum product i.e.(HSD) and (M.S) in that accident.
On dt. 30.07.2019 the O.P. informed the complainant that due to non-submission of evidence of loss of petroleum oil as required by them through their registered letter dated 16.07.2019 the claim of the petitioner is repudiated . Hence this case.
To substantiate his case the complainant relies on the following documents.
- The policy certificate of Oriental Insurance Company Ltd. (Xerox copy) one dated 16.08.2017 and another dated 06.06.2017 .
- Insurance policy of owner – Driver (Xerox copy)
- Xerox copy of the invoice No. 1202341727 of the petroleum product from Paradip .
- The Station Diary of Jarpada P.S. (Xerox copy) .
- The statement of AC of the complainant from SBI (Xerox copy)
- The letter of correspondence dated 10.01.2020, 11.02.2020, 03.06.2020 and 14.11.2020 (Xerox copy)
- Repudiation letter dated 24.12.2020 by the O.P. (Xerox copy)
- The final survey report by Mr. R.N. Tripathy ( Xerox copy)
2 Having gone through the complaint it’s accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case hence admitted and issue notice to the OP was served and in response the OP appeared through his advocate but could not filed his written version.
3. Heard the complainant and perused the material on record with evidence, and carefully analysis of the evidence on record found that, the complainant petition corborate with the police report of Jarpada P.S. on which it is found that the accident took place on dated 09.05.2018 at about 5.30 A.M while the tanker proceeded to Saintala from Paradip oil depot loaded with 0.9 K.L petrol an 0.9 K.L. Diesel the oil tanker faced the accident bearing Regd No. OR-15- R- 6208 having Eng No. 1/D3124867 an C. H No. MAT 40400 1B1D12791 stands in name of owner Rajesh Kumar Agrawal ,S/O- Laxminarayan Agrawal village Kansari Pada, Bolangir District – Bolangir verified the insurance paper insured with OP vide policy No.345600/48/2018/7611 valid till 16.08.2018 and another policy vide No. 345600/31/2018/1506 valid till 07.06.2018. It shows that the insurance policy was valid on the date of accident. The police verified the D.L of the Driver also and found intact. From the invoice filed by the complainant shows the quantity and value of the petroleum product and found the settlement of one policy against the tanker from the statement of Account filed by the complainant.
4 . From the above facts and circumstances this commission feels and observe that after receiving of the final report by the final surveyor and the damaged and loss caused to the tanker. Definitely there is a loss to the petroleum product as such the repudiation of the claim basing on the spot surveyor who has given the report in the absence of the complainant and without following the procedure of measurement of the oil stored in the chambers of the tanker is baseless, not believable and full of surmises.
5. More over sufficient opportunity has been given to the OP for filing the version but due to the non filing of version the OP was set ex-parte on dt.21.09.2022 and this commission presumes that the OP admitted the allegation of the complainant against him as true.
6. More over the OP settled the claim of the tanker basing on the report of the final surveyor who assess the cost of damaged caused to the tanker and the OP transfer an amount of Rs. 1,42,500/-through NEFT to the account of the complainant with SBI on dt. 30.01.2019 but left the petroleum product in the container which also assessed by the final surveyor who is the same and one person , without the knowledge of the complainant the OP transfer the settled amount of the tanker without taking any receipt from the complainant is a foul play a malafide practice as well as a restrictive trade practice which amounts to deficiency in service on the part of the OP.
Earning money by pocketing premium only cannot be the ultimate motive of the insurance policy . as such the complainant deserves for compensation . The final surveyor estimated a total loss of (HSD) Diesel and (MS) Petrol to a tune of Rs.03,87,755.28/-which is just and proper for the loss occurred. Hence order.
ORDER
The O.P (Oriental Insurance co. Ltd) is directed to pay a compensation of Rs.03, 87,755.28/-@ 10% interest Per Annum from the date of incident and a sum of Rs. 20,000/- towards mental agony and Rs.5000/- towards litigation expenses within one month from the date of order, failing which the OP is directed to pay the total amount @12% Per Annum from the date of incident till realization.
No award as to cost.
PRONOUNCED IN THE OPEN COMMISSION TODAY I.E DATED 23rd DAY OF FEBRUARY’2023.
Sd/- Sd/-
(J.MISHRA) (R.K.TRIPATHY)
MEMBER. PRESIDENT(I/C)
