DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                Complaint No.  222

                                                Instituted on:    22.05.2017

                                                Decided on:       18.09.2017

Sahib Singh aged 30 years son of Gurnam Singh, resident of Village Pipal Thai, Tehsil Narwana, District Jind (Haryana).                                                    …Complainant

                                Versus

The Oriental Insurance Company Ltd. Nabha Gate, Sangrur through its Branch Manager.

                                                        ..Opposite party.

For the complainant  :       Shri J.S.Kaler, Adv.

For Opp. Party         :       Shri Bhushan Garg, Adv.  

Quorum:   Sukhpal Singh Gill, President

                Vinod Kumar Gulati, Member

Order by : Sukhpal Singh Gill, President.

1.             Shri Sahib Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant availed the services of the OP by getting insured his Mahindra Scorpio car bearing registration number HR-51V-1731 from the OP under policy number 233502/31/2016/533 for the period from 21.05.2015 to 20.05.2016 by paying the requisite premium for Rs.2,50,000/-. The case of the complainant is that during the subsistence of the insurance policy, on 29.3.2016 when the complainant was going from village Pipal Thal to Village Khanauri along with his friend Gurjeet Singh, the tyre of the car burst and as a result of which, the car in question over turned and damaged badly, of which DDR number 018 dated 30.3.2016 was lodged and intimation of the same was given to the OP. Thereafter, the OP appointed surveyor who took photographs.  It is further averred that when the complainant brought the vehicle to the repairer, he prepared an estimate of loss to the tune of Rs.3,61,000/- against the IDV of Rs.2,50,000/-.  It is further averred that though the complainant submitted all the documents to the OP such as DDR, insurance policy, driving license, estimate etc., but the OP did not settle the claim of the complainant.  Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant the insurance claim amount of Rs.2,50,000/-  along with interest @ 18% per annum and further claimed compensation and litigation expenses.

2.             In reply of the complaint filed by OP, legal objections have been taken up on the grounds that there is no deficiency in service on the part of the OP, that the complaint is false, baseless, that the complainant has not come to the Forum with clean hands and that the complainant has no cause of action to file the present complaint. On merits, it is admitted that the vehicle in question is insured with the OP for Rs.2,50,000/- under the policy for the period from 21.5.2015 to 20.5.2016.  It has been denied  that on 29.3.2016 the complainant along with one Gurjeet Singh were going from village Pipal Thal to village Khanauri.  However, it is stated that after receipt of the information, the OP appointed Er. Yashwidner Goyal for spot survey, who visited the spot on 30.3.2016 and noted down the damages and submitted his report dated 10.4.2016.  It is further averred that the OP appointed IRDA approved and independent surveyor Shri A.P.S. Gurunay, Eminent Surveyors Patiala for the assessment of the loss. It is further stated that the OP also appointed BEE VEE Investigating Agency, Patiala to investigate the case, who submitted his report dated 3.1.2017 and recorded the statement of the complainant as well as of the Gurjeet Singh, alleged driver of the vehicle.  It is stated further that the said surveyor assessed the loss payable on cash basis to the tune of Rs.99,672/-.   The other allegations levelled in the complaint have been denied in toto.

3.             The learned counsel for the complainant has produced Ex.C-1 and Ex.C-2 affidavits, Ex.C-3 to Ex.C-11 copies of documents and closed evidence. On the other hand, the learned counsel for the OP has produced Ex.OP1 to Ex.OP-25 copies of documents and affidavits and closed evidence.

4.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits  part acceptance, for these reasons.

5.             It is an admitted fact between the parties that the complainant got insured his Mahindra Scorpio  car bearing registration number HR-51-V-1731 from the OP for the period from 21.05.2015 to 20.05.2016 for Rs.2,50,000/- by paying the requisite premium, as is evident from the copy of insurance policy Ex.C-3 on record. It is also not in dispute that the vehicle met with an accident on 29.03.2016 on the way when the complainant was going from Village Pipal Thal to village Khanauri, of which DDR number 018 dated 30.3.2016 was got recorded, as is evident from the copy of DDR on record as Ex.C4. It is further admitted fact that after receipt of the intimation of loss of the vehicle, the OP appointed surveyors Shri Yeshwinder Goyal,  BEE VEE Investigating Agency, Patiala and finally appointed Eminent Surveyors.  A bare perusal of the report, Ex.OP-16 shows that the surveyor BEE VEE Investigating Agency concluded that the vehicle in question met with an accident at some other place and on some other date and not at the spot which had been shown by the insured, but we are unable to accept such a contention of the surveyor, as he was appointed at a very late stage i.e. after a long period from the date of accident nor he has produced any cogent evidence to support his contention.  We have also perused the report of Eminent Surveyors Ex.OP-24, whereby he has assessed the net loss payable to the complainant to the tune of Rs.99,672/-.  A bare perusal of the report reveals that the same has been prepared in details by Er. Anand Pal Singh Gurunay and has further produced on record his sworn affidavit Ex.OP-2 to support his report.  In these circumstances, we feel that the fact remains that the insured vehicle of the complainant has met with an accident and has suffered loss. There is no explanation from the side of the OP that why the assessed loss amount of Rs.99,672/- has not been paid to the complainant. As such, we feel that the ends of justice would be met if the OP is directed to pay to the complainant an amount of Rs.99,672/- on account of assessed loss of the damaged vehicle.

6.             The insurance companies are in the habit to take these type of projections to save themselves from paying the insurance claim. The insurance companies are only interested in earning the premiums and find ways and means to decline claims. The above said view was taken by the Hon’ble Justice Ranjit Singh of Punjab and Haryana High Court in case titled as New India Assurance Company Limited versus Smt. Usha Yadav and others 2008(3) R.C.R. 9 Civil) 111.

7.             Accordingly, in view of our above discussion, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.99,672/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 22.05.2017 till realisation.  We further direct the Op to pay to the complainant an amount of Rs.10,000/- on account of compensation for mental tension, agony and harassment and Rs.10,000/- on account of litigation expenses.

8.             This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        September 18, 2017.

                                                        (Sukhpal Singh Gill)

                                                                President

                                                        (Vinod Kumar Gulati)

                                                                    Member