Punjab

Sangrur

CC/64/2017

Naresh Kumari - Complainant(s)

Versus

United India Insurance Company Ltd. - Opp.Party(s)

Sh.Tarun Goyal

02 Jun 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    64

                                                Instituted on:      15.02.2017

                                                Decided on:       02.06.2017

 

Naresh Kumari wife of Laxmi Narain r/o H.No.201 UV Ward No.10, Peer Banna Banoi Road, Sunam, District Sangrur.

                                                        …Complainant

                                Versus

1.     United India Insurance Company Limited, Branch Office: City Road, NRG Complex, First Floor, Sunam, District Sangrur through its Branch Manager.

2.     United India Insurance Co. Ltd. Registered and Head Office 24, Whites Road, Chennai 600014 through its MD Branch Manager.

3.     United India Insurance Co. Ltd. Railway Road, Sangrur through its Branch Manager.

4.     S.P.Singh Surveyor 98140-41493 C/o City Road, NRG Complex, First Floor, Sunam, District Sangrur through its Branch Manager.

                                                        ..Opposite parties.

 

For the complainant    :       Shri Tarun Goyal, Adv.

For OPs 1 to 3           :       Shri L.K.Singla, Adv.

For OP No.4              :       Exparte.

 

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Smt. Naresh Kumari, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant availed the services of the OPs by getting insured her swift Desire car bearing registration number PB-13-AN-0569 for the period from 25.12.2015 to 24.12.2016  by paying the requisite premium. The case of the complainant is that during the subsistence of the insurance policy, on 6.10.2016 the car of the complainant met with an accident when one Kapish Goyal son of Shish Pal Goyal was returning from Samana after attending the function near village Gharacon at night approximate at 11.15 PM when a stray dog came in front of the car, for which intimation was given to the police on 7.10.2016.  The information of accident was also given to the OPs and the Ops appointed Shri S.P. Singh surveyor, who took photographs and as such on his advice the car in question was got repaired from Max Autos, Sangrur by spending an amount of Rs.1,30,001/- and submitted the documents to the Ops, but the claim was not settled.  Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant the insurance claim amount of Rs.1,30,001/-  along with interest @ 18% per annum w.e.f. 6.10.2016 till realisation and further claimed compensation and litigation expenses.

 

2.             In reply of the complaint filed by the Ops number 1 to 3, it has been admitted that the vehicle in question is insured with the Ops for Rs.3,00,000/-.  It is also admitted that the vehicle in question met with an accident and after receipt of intimation, the Ops appointed Shri S.P. Singh, surveyor and loss assessor, who visited at the workshop i.e. at Max Autos, Sangrur and requested the complainant to give consent to settle the claim on the basis of net of salvage or on the total loss and to provide necessary documents, but the complainant did not bother to submit the consent letter.  The surveyor after waiting consent letter sent the final survey report dated 17.1.2017 whereby he assessed the loss to the car to the tune of Rs.1,12,417/-.  The other allegations levelled in the complaint have been denied in toto.

 

3.             Record shows that the OP number 4 did not appear despite service, as such OP number 4 was proceeded exparte.

 

4.             The learned counsel for the complainant has produced Ex.C-1to Ex.C-19 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OPs number 1 to 3 has produced Ex.OP1to3/1 to Ex.OP1to3/14 copies of documents and affidavits and closed evidence.

 

5.             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  acceptance, for these reasons.

 

6.             It is an admitted fact between the parties that the complainant got insured his car in question bearing registration number PB-13-AN-0569 from the OP number 1 for the period from 25.12.2015 to 24.11.2016 for Rs.3,00,000/- by paying the requisite premium of Rs.7373/-, as is evident from the copy of insurance policy Ex.C-1 on record. It is also not in dispute that the vehicle in question met with an accident on 6.10.2016 near village Gharachon and suffered loss as such, the complainant gave intimation to the Ops about the accident of the vehicle, as such, the OPs appointed Shri S.P. Singh, surveyor and loss assessor, who visited Max Autos, Sangrur for inspection of the vehicle and submitted his report and assessed the loss to the tune of Rs.1,12,417/-, but claim was not paid to the complainant.  On the other hand, the stand of the Ops number 1 to 3 is that the complainant has levelled false allegations against the surveyor, who is an honest worthy to the company. It is further contended that it is the complainant himself responsible who did not submit the consent letter and as such the claim was not paid to the complainant. The complainant has also produced on record the copy of DDR Ex.C-3 and Ex.C-4 as the copy of claim form wherein it has been mentioned that the cost of repair of the car is Ex.1,30,001/-, but we are unable to go with the contention of the learned counsel for the complainant, whereas as per the survey report the complainant is entitled to get only an amount of Rs.1,12,417/- and nothing more is to be paid to the complainant as the survey report is an important documents. In these circumstances, we are of the considered opinion that the ends of justice would be met if the Ops are directed to pay to the complainant an amount of Rs.1,12,417/- as per the survey report on record.

 

7.             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.

 

8.             In view of our above discussion, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.1,12,417/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 15.02.2017 till realisation.   We further direct the Ops to pay to the complainant an amount of Rs.15,000/- in lieu of compensation for harassment and further an amount of Rs.5000/- on account of litigation expenses.

9.             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.

                        June 2, 2017.

                                                        (Sukhpal Singh Gill)

                                                                President

 

                                                             

                                       

                                                                (Sarita Garg)

                                                                    Member

 

 

                                                        (Vinod Kumar Gulati)

                                                                    Member