DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
………………
Presents:-
- Sri P.Samantara, President.
- Sri G.K.Rath, Member.
- Smt. S.Rath, Member.
Dated, Bolangir the 31st day of August 2016.
C.C.No. 53 of 2015.
Ashwini Kumar Sahoo, age- 41 years son of Prafulla Kumar Sahoo,
Proprietor of Poineer Engineering, At- Malpada,Bolangir Town,
P.O/P.S & Dist- Bolangir.
.. .. Complainant.
-Versus-
1.The Universal Sompo General Insurance Co. Ltd.
1st Floor,98, Kharvel Nagar, Keshari Talkies Complex,
Bhubaneswar-751001, Dist- Khurda, Odisha.
2.The Universal Sompo General Insurance Co. Ltd,
Corporate Office, Block-A-Express Tower,7th Floor, 42A,
Shakespeare Sarani, Kolkata-700017.
3.The Universal Sompo General Insurance Co.Ltd. Corporate
Office, Unit No.401, 4th Floor, Sangam Complex- 127,
Andheri Kurla Road, Andheri (E) Mumbai- 400059.
.. .. Opp.Parties.
Advocate for the complainant- Sri B.C.Pradhan & G.C.Naik.
Advocate for the O.Ps - Sri A.K.Tripathy.
Date of filing of the case-16.07.2015.
Date of order - 31.08.2016
JUDGMENT.
Sri G.K.Rath, Member.
1. The brief fact of this case is that the complainant is the registered owner of the vehicle M &M (Scorpio) vide it’s Regd. No.OR-02-AV-3150, Engine No.GC84G14753 and Chassis No.MAITB2GCK82G61713. This vehicle was insured with the O.Ps comprehensively by paying premium of Rs 12,204/- vide it’s Policy No.2311/51150861/01/000 and which was valid from 01.01.2012 to 09.01.2013 .The declared insured value of the said vehicle was Rs 5,12,146/-.
2. The complainant has stated in his petition that while this insured vehicle was returning his residence from Talcher on dated 16.05.2012 in the morning the front wheel left side suddenly brust aside near Handidhua chhak of Colliery P.S. as a result of which the vehicle was out of control and dashed with a nearby tree and the vehicle got damaged to a great extent. After getting information about the accident, from the driver,the complainant went to the spot on the same day and reported the fact of accident before IIC Colliery P.S orally and thereafter lodged claim before the O.Ps and accordingly the O.Ps initiated O.D.Claim vide No.CL12006335 reflecting loss dated 16.05.2012. Thereafter the Surveyor appointed by the O.Ps verified the damaged vehicle and directed the complainant to lift the vehicle for repairing at Aditya Motors,Bhubaneswar. On dt.21.05.2012 the complainant lifted the vehicle for repairing to Aditya Motors, Bhubaneswar. At Aditya Motor’ garage the Surveyor of the O.Ps also again verified the damaged vehicle and advised to dismantle the vehicle. The complainant dismantled the damaged vehicle accordingly after the estimate made by Aditya Motors on dt.31.07.2012.
3. The complainant further stated that the O.Ps intimated him vide their letter dated 20.06.2012, 06.10.2012 and 20.10.2012 to submit required documents to process the claim after loding the O.D. claim and preliminary survey. Accordingly the complainant on completion of repairing work, submitted all the documents along with expenditure statement, bills and vouchers amounting to Rs 3,41,200/-( Rs 3,26,200/- towards repairing expenditure plus Rs 15,000/- lifting charges of the damaged vehicle from accident place to Aditya Garage) before the Surveyor & loss assessor. The Surveyor instead of assessing the loss, intimated the complainant vide his letter dated 10.08.2012 that in the intimation letter, name of the driver as Kaliya has been mentioned but submitted the photocopy of D.L.of one Gunamani Bhoi as driver hence the complainant is requested to submit the D.L.of Kaliya for assessing the loss.
4. That after receiving the letter of the Surveyor, the complainant in reply sent a letter on dated 16.08.2012 and submitted that his supervisor during lodging the complaint informed the Driver name as Kalia which is the nick name of driver Gunamani Bhoi. He further stated in his letter that Kalia and Gunamani Bhoi is one and the same person and to this effect he sent an affidavit also and requested for settlement of O.D. claim. After receiving this reply along with affidavit the O.Ps again intimated the complainant vide their letter dated 1.9.2014 by stating the discrepancy in the name of driver, submission of affidavit and submission of driving license of Gunamani Bhoi and asked the complainant to arrange the original driving license of Mr.Kalia for verification .Thereafter the O.P vide their letter dated 1.0.2014 asked the complainant to arrange the original driving license of Mr.Kalia for verification. After receiving this aforesaid letter, the complainant vide his letter dated 6.12.2014 transmitted the affidavit of driver Gunamani Bhoi wherein he has stated his name as Gunamani Bhoi and Kalia and he is known in the locality as Kalia and requested the O.Ps to settle the claim but the O.Ps have not settled the claim and slept over the matter, for which the complainant has taken shelter before this forum by praying to direct the O.Ps to settle the claim at Rs 3,41,000/- along with interest thereon @ 15% per annum from the date of accident till payment along with compensation and cost of litigation.
5. The complainant in support of his case has filed and relied on Xerox copies of certificate issued by Inspector-in-charge Colliery P.S. Dist-Angul, Motor Insurance Claim form, Retail invoices issued by Aditya Motors, Insurance Policy, Registration certificate of accident vehicle, Driving License of Gunamani Bhoi, letter dated 10.08.12 sent by Surveyor and Loss Assessor to the complainant, Letter dated 16.10.12, 1.9.2014, sent by Universal Sompo General Insurance Co.Ltd. to the complaint, Letter dated 16.8.12,18.8.2014 and 6.12.2014 sent by the complainant to the O.Ps. Affidavit dated 16.8.2012 of the complainant, and Xerox copy of Affidavit dated 15.10.2014 of Driver Gunamani Bhoi sent to the O.Ps, Affidavit dated 5.10.2015 of driver Gunamani Bhoi, filed in this case. Money receipt No.32202 dt. 17.8.2012 amounting to Rs 2,76,2000/- and Money receipt No.32739 dt.19.11.2012 for rs 50,000/- issued by Aditya Motors to the Complainant, and retail invoices issued by Aditya Motors showing cost of parts and labour charges.
6. After receipt of notice of this forum the O.Ps appeared, but did not file any version except a petition on dated 20.7.2016.contending that this case is not maintainable and this forum lacks jurisdiction to decide the case which date was posted for notes of written argument. However on dated 8.8.2016 the O.Ps have filed notes of written argument along with documents such as Investigation report of Er. B.Patra, 3 letters addressed to the complainant and Surveyor report of Er.B.Patra.
7. We have heard from the counsels for the both party and perused the documents on record filed by both party.
8. Taking into consideration the pleadings along with reliance of documents, of the complainant and the petition filed by the O.Ps on dated 20.7.2016, we have confined to decide the case on the following points.
- Whether the present case lacks jurisdiction?
- Whether Kaliya and Gunamani Bhoi, is one and the same person?
- Whether the complainant is entitled to the relief prayed for ?
9. By perusing the case record it shows that the complainant has insured his damaged vehicle with the O.Ps. The complainant has stated in his complaint petition that the O.Ps carrying insurance business inside the district Bolangir through their agents appointed by them. In support of his aforesaid pleading he has filed a list of Bancassurance in Odisha to show the names of the life and Non life insurance partners of each of the private and public sector banks present in the State. The list filed by the complainant show that Universal Sompo General Insurance Co.Ltd, for non life, tie-up with Allahabad Bank and Indian Overseas Bank in Odisha. for promoting sale of General Insurance policies amongst their customers. There is Branch Office of Allahabad Bank and Indian Overseas Bank to carry their business at Bolangir and when the O.Ps have tie-up with the aforesaid Banks to carry their non life insurance business, we have no other option but to hold that this forum has jurisdiction to adjudicate the present case and the contention raised by the O.Ps the present case lacks jurisdiction, has no leg to stand.
10. Now we have come across to decide as to whether Kalia and Gunamani Bhoi is one and the same person and he was driving the vehicle at the relevant time of accident. While lodging the claim application and submission of relevant documents before the Surveyor and Loss Assessor, the complainant has submitted all the papers including D.L of driver Gunamani Bhoi @ Kalia along with his affidavit and affidavit of Gunamani Bhoi. The O.Ps have not believed that Kalia and Gunamani Bhoi is one and the same persona. So their letter to complainant dated 1.9.2014 shows that they deputed an investigator to the place of residence of Mr.Gunamani Bhoi to verify the facts related the name and nick name of Mr Gunamani Bhoi. The investigator after making detailed inquiry at Hatisalpara concluded that “ neither Gunamani Bhoi nor Kalia is known to people in the village and no body confirmed that Kaliya is the nick name of Gunamani Bhoi.” During course of hearing the complainant has filed the affidavit of Driver Gunamani Bhoi along with Xerox copy of his Photo Identify Card and Driving License. We have gone through the contents made in his affidavit dated 5.10.2015 and his affidavit dated 15.10.2014 sent to the O.Ps wherein he has admitted that he was the driver at the relevant time of accident and working under the complainant since 10 years. He has further stated in the affidavit, that his actual name is Gunamani Bhoi in official documents but in the locality he is known as Kalia which is his nick name. We have also perused the Photo Identify Card and Driving License of the Driver Gunamani Bhoi very carefully. To disprove the aforesaid statement of the driver Gunamani Bhoi, and the documents shown and filed by him, the O.Ps have not filed any affidavit evidence or any other supporting document. The complainant as well as the driver Gunamani Bhoi have narrated Gunamani Bhoi and Kalia is one and same person and was driving the vehicle at the relevant time of accident in the affidavit and the same was not rebutted by the O.Ps since the evidence by affidavit is legal and sufficient, to support the case, Therefore, we have no other option but to believe that Kalia and Gunamani Bhoi is the same and one person and he was driving the vehicle at the relevant time of accident and the complainant has rightly submitted the Driving License of Driver Gunamani Bhoi before the Surveyor and Loss Assessor of the O.Ps for settlement of the O.D.claim.
11. The Opposite Parties have not settled the claim disbelieving the name of the driver who was driving the vehicle at the relevant time of accident. The complainant has lifted the accident vehicle from place of accident to Aditya Motors Garage and as per direction of the Surveyor of the O.Ps the complainant dismantled the vehicle and repaired the same by bearing expenditure of Rs 3,26,200/-. After repairing of the vehicle he has submitted the voucher of all bills amounting to Rs 3,26,200/- before the O.Ps for settlement of the claim.
12. In this case, the claim of the complainant is more acceptable because the expenses incurred by him has duly supported by vouchers, receipts and bills. Therefore taking into consideration the amount incurred/expenses on the basis of the bills, vouchers and receipts are no more disbelieved. The money spent for repairing of the accident vehicle, cannot be said un-necessarily incurred or can be avoidable. Hence on the face of the vouchers, bills and receipts submitted by the complainant for repairing of the damaged vehicle, found to be a fit case for assessing the loss by us to settle the claim by following a decision reported in 2009 ACJ 1729,of the Apex court, between New India Assurance Co.Ltd Vrs. Pradeep Kumar.
13. The insurance policy issued by the O.Ps in favour of the complainant show that they have declared the insured value of the vehicle during the relevant period of policy as Rs 5.12.246/- as per the insurance Act. The complainant has incurred expenditure for repairing of the damaged vehicle amounting to Rs 3,26,200/- and to that effect, has submitted original bills, vouchers and money receipts issued by Aditya Motors. Under the insurance Act we have state curtailed and deducted the items which are not assessable under the Act from the entire amount claimed including depreciation, salvages and policy excess and settled in a non standard manner. at Rs 2,46,346/- which is lesser than the declared value and the Original Estimate, calculated by the Surveyor and Loss Assessor under report No.BKP/012283. Hence ordered.
ORDER.
The O.Ps are jointly and severally liable to pay the complainant a sum of Rs 2,46,346/- (Rupees Two lakhs forty six thousand three hundred forty-six) only towards own damage claim settlement along with interest @ 8% per annum from the date of accident i.e from 16.05.2012, within 30 days from the date of this order failing which the entire amount shall carry interest @ 7% per annum till payment.
In the facts and circumstances of the case, no compensation and litigation cost is allowed.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 31ST DAY OF AUGUST 2016.
(S.Rath) (P.Samantara) (G.K.Rath)
MEMBER. PRESIDENT. MEMBER.
