This complaint petition has been filed by the complainant Rajesh Kumar Singh against Divisional Manager, Insurance company and one another (o.ps ) for realization of insured amount of JCB RS. 16,05,000/- compensation for deficiency in service as Rs. 50,000/- Rs. 50,000/- for physical and mental agony and Rs. 25,000/- for litigation cost. Total Rs. 17,30,000/- with 12 % interest since date of theft i.e 03-10-2013.
The case of complainant, in brief, is that he purchased one old JCB machine registration No.-NL-02G-6980 and got insurance from o.p no.-2 as policy No. 170604/31/12/6300020669 for 27-09-2013 to 23-01-2014. It has been further stated that during period of insurance aforesaid JCB was stolen away by unknown thefts from Bhagawanpur chowk on 03-10-2014 and for the same complainant lodged an FIR in the Sadar P.S as Sadar P.S. Case No.391/13 dated 04-10-2013. After investigation police submitted final form No.312/2014 dated 31-08-2014 Showing the occurrence true but not clue. The further case of the complainant is that the final form was accepted by permanent Lok Adalt on 24-11-2014. It has been further stated that complainant furnished all the documents to the o.ps but o.ps didn’t pay any claim of the complainant. The complainant served an advocate notice to the o.p no.-2 and o.p no.-1 answered on 28-09-2015 on served notice of the effect that the record has been sent in the divisional officers o.p no.1. It has been further stated that complainant approached in the office of (o.p no.1) in connection with his claim but no claim amount was paid as yet.
On behalf of complainant following documents have been annexed with the complaint petition – annexure-1 C.C. of F.I.R of Sadar P.S.C.No.-391/13 dated 04-10-2013, annexure-2- photocopy of final report of the above p.s case no. annexure-3- photocopy of order sheet dated 24-11-2014, annexure-4 - policy certificate, annexure-5- advocate notice annexure-6 letter of o.p no.2 National Insurance Company.
O.P No. 1 &2 appeared on 25-07-2018 and filed his w.s. on 28-11-2018 praying therein to dismiss the complaint petition of the complainant. Purchasing of Policy No.- 170604/31/12/6300020669 by the complainant from o.p no.-2 in respect of JCB Registration No.- NS02G 6980 is an admitted fact. It has been further stated in the w.s. that registration was not transferred in the Bihar State from Nagaland and the complainant didn’t inform the registering authority in respect of theft of the JCB Machine, so it appears that the claim of the complainant is false and fabricated. It has been further mentioned that applicant didn’t file necessary documents to the o.p, so no justified action was done by the o.p.
The learned lawyers for both the parties have already been heard.
Insurance of JCB Machine with the o.p company is an admitted fact. On perusal of the annexure-4, It transpires that the insurance certificate is valid till 27-09-2013 to mid night of 23-1-2014 and the sum assured is Rs. 16,05,000/-on perusal of F.I.R of Sadar P.S Case .No.- 391/13, it transpires that the complainant lodged a F.I.R for theft of his JCB Machine and after investigation police submitted charge sheet no. 36/14 showing the occurrence true but no clue (annexure-2). The final form has been accepted by permanent Lok Adalat vide order dated 24-11-2014 (annexure-3). Advocate notice (annexure-5), shows that a notice was served to o.p and National Insurance Company (o.p) has mentioned in his letter (annexure-6) that his case has been recommended to Muzaffarpur Divisional Office for early disposal of the case. Above letter is of 28-09-2015 and the complaint petition has been filed on 11-05-2016. So, on perusal of entire evidence available on record it transpires that there is deficiency in the service of the o.ps and the complainant is entitled to get sum assured of the vehicle along with the compensation and litigation cost.
Accordingly, this complaint petition is allowed with direction to the o.ps to pay Rs. 16,05000/- as sum assured for JCB Machine and Rs. 10,000/- as compensation and litigation cost., total Rs. 16,15,000/- to the complainant within 2 months from the date of order, on failure to pay the same the o.ps shall pay the aforesaid amount with 8 % interest from the date of order till realization of the same.
