State Consumer Disputes Redressal Commission

West Bengal

BHABANI BHAVAN (GROUND FLOOR)

31, BELVEDERE ROAD, ALIPORE

KOLKATA – 700 027





S.C. CASE NO.: FA/2009/80 DATE: 22.07.2009



DATE OF FILING: -20.02.2009



APPELLANT : Smt. Manju Chatterjee,

W/o Sri. Lakshmi Prasad Chatterjee,

Vill-Goaltore, P.S. & P.S.- Goaltore,

Dist-Paschim Medinipur.





RESPONDENT : The Branch Manager,

United India insurance Company Limited,

LBB Building, 2nd Floor, N.S. Road,

P.O.- Contai, P.S.-Contai, Dist-Purba Medinipur.







BEFORE: HON’BLE JUSTICE : Sri. Aloke Chakrabarti, PRESIDENT.

MEMBER : Sri. A. K. Ray. . MEMBER : Smt. Silpi Majumder



FOR THE APPELLANT : Sri. Tarun Das, Advocate.

FOR THE RESPONDENT : Miss. Sumita Roychowdhury, Advocate.





-ORDER-



S. Majumder, Member.



This appeal has been directed against the judgment passed by the Ld. District Forum, Paschim Medinipur, on 16.12.2008, in its case no-27/2008, wherein the Forum below has dismissed the complaint on contest without any cost.



The brief facts of the case of the Complainant before the Forum below were that she is the owner of the vehicle, which was under the coverage of the Insurance Company for a period from 20.05.2006 to 19.05.2007. The said vehicle met with an accident on 16.08.2006 and got damage badly. The vehicle was repaired at a cost of Rs.1,35,000/- Thereafter the Complainant lodged a claim along with all the relevant documents with the OP, but no fruitful result is achieved and hence the Complainant filed the complaint before the District Forum praying for direction upon the OP to pay her Rs.1,35,000/-being the cost of repairing of the vehicle, Rs.65,000/- towards compensation and interest @18% p.a. from the date of accident till realization of the entire amount.



Being dissatisfied by the said judgment the Complainant-Appellant has preferred the present appeal before this Commission contending the same fact as stated by her in the complaint before the Ld. Forum below and according to her being an erroneous judgment the Forum’s judgment cannot be sustained and she prayed for allowing the present appeal.



Before the Forum below the Respondent-OP took the point in their written objection that they had repudiated the claim due to negligence of the driver/owner in terms of the condition-5 of the said policy and therefore they are not deficient in service. As the Complainant has violated the condition of the said policy, she is not entitled to get any amount from the Insurance Company towards repairing charges, compensation etc. The OP had prayed for dismissal of the complaint.



During hearing before this Commission the Ld. Counsel for the Appellant has drawn our notice to the report of a Pool Mechanic dated 22.08.2006, where it was stated by the said Mechanic that ‘the case of accident appears to be other than any mechanical failure of the said vehicle’. In this respect we are of the opinion that the said mechanic before the Forum below has filed no evidence and the OP did not get any opportunity to cross-examine him by puting questions and so the said report has no evidentiary value in the eye of law. From the charge sheet/Final Report issued by the police it is evident that the accident was caused due to fault of the driver and the police filed charge sheet against him. From this report it is clear to us that on the date of occurrence of the accident the said vehicle was not in normal plying, it was oscillating. The driver was requested by the passengers to run the vehicle properly, but the driver expressed that the springpati was in broken condition and the same would be repaired as and when the bus would reach Simlapal. Due to such broken condition the vehicle was not within the control of the driver and unfortunately it capsized and fell in a khal. Therefore it is clear that undoubetly the driver was entirely responsible in violation of the MM.V.I Rules and causing accident. The Ld. Counsel for the Appellant has submitted that due to negligence and carelee attitude of the driver the owner of the vehicle cannot be punished. In this context we are of the view that she appointed the driver being an agent of her and due to such negligent and careless attitude the owner is liable to face the consequence. The Appellant has relied upon a judgment passed by the Hon’ble High Court Calcutta, on 09.07.2008 in case between National Insurance Company Limited vs. Surajman Gurung & Others, reported in 2008 3 WBLR (Cal), where third party had make out the case, but in the instant case the Complainant/owner has filed the case against the Insurance Company. From the foregoing discussion it is clear that proper care and precaution was not taken by the driver of the Complainant before plying the vehicle as inspite of knowing the fact that the spring patti of the front side of the vehicle were broken the Appellant allowed the vehicle to ply and thus the accident occurred. But in the complaint petition the Complainant is completely silent how the accident occurred and in our opinion she did not state the cause of accident intentionally. As the Complainant had violated the condition of the policy, the Respondent cannot be liable to settle the claim. After hearing both parties the Forum has passed a well-reasoned judgment in which we are not inclined to interefere.



Hence it is ordered that the appeal be dismissed on contest without any cost and the judgment passed by the Ld. Forum below is hereby affirmed. The office is directed to send down the copy of this judgment to the Ld. Forum below ansd issue the same upon the recorded Advocates of both parties forthwith free of cost.



(S.Majumder) (A.K. Ray) (Justice. A. Chakrabarti)

MEMBER MEMBER PRESIDENT

Kind Attention
Your honour,
100% Correct, one thinks I understand that if you have money then you can get anything, every thing is possible then you. Otherwise if you are a poor then you can’t get anything, every thing is not possible then you, also then you get poor judgment, and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I go to Police Station near about 100 times, give their 5 G.D. but Nothing gets. Other side 2. Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. they have much more money so they purchase all police and some political leaders, some dada. Etc. Only I get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless. Only simply a solace to the poor. If you man not doing something for truth, then closed your department, much money are save in our country. Am I Right? Yes.


We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barasat court. Some proof (20 pcs. Adult s.m.s., Adult picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. My wife left our only solitary daughter to me who is 4 years old having severe "Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. Now my mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdah. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010 done. Next court date is 26/02/2010. I attend but judge toll that order is ready, you take the order at 01/03/2010. One order is giving to your wife Rs. 1500/- P.M.
Thanks
Dear Sir/Madam,
Actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B., my nation, all of the news channels, and all press, and many more, (anybody can’t help me/ not fight for truth /don’t take proper investigation/do not take any action/don’t take any type of quarry/ Still Now, I think they all are sleeping WHY?) NOW BAGUIATI POLICE O.C. LISTINE MY ALL TOLKING AND TOLD ME THAT YOU FILE A FIR 156(3) I ARREST / TAKE NACEASSARY ACTION. NOW I FILE THE CASE 165(3) CASE NO. 921 OF 2010, DATE-13/04/2010 CHARGE 323, 379, 406, 497, 498, 500, 504, 506 READ WITH 34/120B OF INDIAN PENAL CODE. NOW I SEE WHAT HAPPNED. The file comes and the case is starting At Baguiati Police Station Case No-168 Date: 24.04.2010. Baguiati Police Station’s Officer In charge Ph. No. is: 9830673407(Goutam Mitra), Baguiati Police Station’s Ph. No. is: 033 25598799.
I’m Punishment + harassment Without Crime. I think all are corruption.
I hope you would care to me, your prompt action shall be highly appreciated.

With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Dist.: North 24 Parganas. Kolkata-700059 Email: dipakadhikari_59@yahoo.com
W.B. India. PH. 9836149983