DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 160 of 7.9.2020

                                      Decided on:         4.11.2024

Ranjit Kaur aged about 60 years wife of Sh.Gurmeet Singh # 128, St.No.1, Prem Nagar, Bhadson Road, Patiala.

                                                                   …………...Complainant

                                      Versus

The United India Insurance Company Ltd., Branch Office, Leela Bhawan, Market, Patiala through its Branch Manager/Divisional Manager.

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Sh.Pushvinder Singh, President

                                      Sh.G.S.Nagi, Member   

ARGUED BY

                                      Sh.P.S.Sidhu, counsel for the complainant.

                                      Sh.B.S.Sodhi, counsel for the OP.

 ORDER

                                      PUSHVINDER SINGH, PRESIDENT

1. The instant complaint is filed by Ranjit Kaur (hereinafter referred to as the complainant) against United India Insurance Company Ltd. (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. It is averred in the complaint that the complainant is owner of vehicle bearing No.PB-11-BT-2003 and the same was insured with the OP for the period from 19.6.2019 to 18.6.2020.
3. It is averred that said vehicle met with an accident on 29.4.2020 when the same was being driven by one Happy son of Gurmej Singh, having valid driving licence. It is averred that at the time of accident in the whole State of Punjab there was lock-down/curfew imposed by the Govt. of India due to Covid-19 and after relaxation in lock down/curfew the damaged vehicle was shifted to M/s Lally Motors Pvt. Ltd., the authorized workshop of Honda India Pvt.Ltd., for repair. Intimation regarding the accident of said vehicle was also given to the OP who appointed surveyor Mr.Singhi for inspection of accidental vehicle and to access the loss. That estimate of the damaged vehicle was also prepared by M/s Lally Motors Pvt. Ltd. to the tune of Rs.2,81,042/-.That all the documents i.e. RC, D.L., copy of insurance certificate alongwith estimate were given to the surveyor and also to the OP. That vehicle was repaired by M/s Lally Motors Pvt. and Rs.2,45,120/- was incurred on the repair of the said vehicle. Surveyor also submitted report in this regard assessing loss to the extent of Rs.2,45,120/-.That complainant visited office of the OP for the release of the said amount but the OP repudiated the claim vide their letter dated 28.7.2020 on the ground that the accident took place during curfew which was clamped by Pb.Govt. on account of Covid-19, when no vehicle was allowed to move on public place without permission of the competent authority. The pass issued in connection with duty in release camp by Principal Co.Ed.Multi Purpose Senior Secondary School, Patiala to Mr.Manu son of Rajinder Kumar did not comply with Govt. instructions issued in that respect. It is averred that the OP wrongly and illegally repudiated the claim of the complainant which amounts to deficiency in service on the part of the OP which caused mental and physical harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OP to pay an amount of Rs.2,45,120/- alongwith interest @ 12% per annum; to pay an amount of Rs.1,00,000/-as compensation and Rs.22000/-as cost of litigation.
4. Upon notice OP appeared through counsel and filed written statement having contested the complaint . It is averred that the car in question was given by the owner to Manu an unauthorized person and other occupants of the car against the instructions of Punjab Govt. on 29.4.2020 when the curfew had been clamped by the Govt. on account of Covid 19 as no vehicle was allowed to move on public place without permission of competent authority. The pass obtained from Principal Govt. Co-Ed Multipurpose Senior Secondary School in favour of Manu was invalid and did not comply with Govt. instructions and further no police report with regard to the accident was lodged on the alleged date of accident. It is further averred that the complainant failed to comply with the objections detailed in letter dated 28.7.2020.The complainant also did not challenge no claim letter dated 7.9.2020 in the instant complaint. It is averred that the claim has been rightly and legally repudiated. There is no deficiency in service on the part of the OP. After denying all other averments, OP has prayed for the dismissal of complaint.
5. In evidence, ld counsel for the complainant has tendered affidavit of the complainant as Ex.CA, affidavit of Happy, Ex.CB alongwith documents, i.e. copy of RC, Ex.C1, copy of insurance policy, Ex.C2, copy of D.L. of Happy, Ex.C3, copy of medical record of Shingari Devi, Ex.C4, copy of estimate vouchers, Ex.C5, copy of invoice, Ex.C6, copy of repudiation letter, Ex.C7 and closed the evidence.
6. On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Navjot Singh, Branch Manager alongwith documents i.e.Ex.OP1 copy of policy, Ex.OP2 claim intimation slip, Ex.OP3 report of surveyor, Ex.OP4 copy of motor claim form, Ex.OP5 letter to multipurpose school, Ex.OP6 letter dated 21.7.2020, Ex.OP7 letter dated 27.7.2020, Ex.OP8 letter dated 28.7.2020, Ex.OP9 letter dated 7.9.2020 and closed the evidence.
7. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. Undisputedly, complainant Ranjit Kaur is the registered owner of vehicle No.PB-11-BT-2003. R.C. has also been produced as Ex.C1 and said vehicle was insured with OP for the period w.e.f.19.6.2019 to 18.6.2020. Copy of the insurance policy  Ex.C2 is on the file.
9. As per complainant said vehicle met with an accident on 29.4.2020 which was being driven by Happy s/o Gurmej Singh. Driving licence of Happy Ex.C3 is on the file. Regarding repair of the said vehicle the estimate has been produced as Ex.C5 in which estimated value is mentioned as Rs.2,81,042/-.The invoice/bill has been proved as Ex.C6 vide which an amount of Rs.2,45,120/-  has been paid by the complainant for the repair of above said damaged vehicle. The complainant claimed the above said amount from the OP and claim form was submitted to the OP which is Ex.OP4 on the file. The claim was repudiated by the OP on a single ground that alleged accident took place during the curfew which was clamped by Punjab Govt. on account of Covid-19. No vehicle was allowed to move on public place without permission of competent authority. The pass which was produced by the complainant in the name of Sh.Manu was not valid pass. Accordingly we find that the present complaint also has been contested by the OP on the single ground that at the time of accident i.e. on 29.4.2020 there was curfew clamped by the Pb.Govt. on account of Covid-19 and no vehicle was allowed to move on public place without permission of competent authority.
10. It is also not disputed that on 29.4.2020 there was curfew imposed by the Punjab Govt. and on that date the accident of vehicle of complainant had taken place. No doubt the driver of vehicle No.PB-11-BT-2003 has violated the curfew and for violation of the curfew driver of said  vehicle is certainly liable but the insurance company cannot deny its liability as the driver of vehicle did not violate any terms and conditions of insurance policy and the Govt. also did not stay or suspend the insurance policy.
11. When the vehicle was insured with the OP and the driver i.e. Happy who was driving the vehicle at the time of accident was having driving licence then certainly complainant is entitled to recover the amount paid by her for the repair of the accidental vehicle. The estimate which was prepared before repair is Ex.C5 which was for the amount of Rs.2,81,042/-.Thereafter the vehicle was repaired by Lally Motors Pvt. Ltd. and bill/invoice of Rs.2,45,120/- was paid by the complainant vide invoice/bill,Ex.C6. Then complainant is entitled to recover said amount of Rs.2,45,120/- from the OP. The complainant is also entitled interest on the said amount from the OP and as per our view 8% interest shall be reasonable rate of interest as the claim was not paid by the OP and the complainant was compelled to file this complaint , then complainant is entitled to recover litigation charges and compensation for physical and mental harassment from the OP.
12. In view of our considered view complaint is partly allowed and the OP is directed to the claimed amount of Rs.2,45,120/- to the complainant alongwith interest @8% per annum from the date of invoice i.e.14.7.2020 till realization. The OP is also directed to pay composite amount of Rs.25000/- to the complainant on account of compensation and litigation expenses.Compliance of the order be made by the OP within 45 days from the date of receipt of certified copy of this order.
13. Certified copies of this order be sent to the parties under the rules.   
14.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           PUSHVINDER SINGH

                                               Member                          President