The complainant Manoj Kumar has filed this complaint petition against Divisional Manager, National insurance company Ltd. Siligori, and one another (o.ps) for realization of Rs. 2,73,654/- as expenses in repairing of vehicle, Rs. 25,000/- as compensation for mental, and physical harassment , Rs.25,000/- as deficiency in service and Rs. 10,000/- as litigation cost total Rs. 3,33,654/- with 12 % p.a interest from the date of occurrence till realization.
The case of the complainant in brief, is that complainant insured his Tevera Vehicle No. BR06Q-0007 with o.p No.1 with policy no. 15060031126100001326 validity from 29-06-2012 to 28-06-2013. The further case is that during insurance period, the aforesaid Tevera vehicle of complainant met with an accident near Motipur, for which complainant informed in the office of o.p.no.1 for compensation. The further case is that o.p no.1 registered claim case no. 1506003146190000023 and appointed Sunil Kumar Sinha as surveyor, who enquired/investigated the matter and submitted his report in the office of o.p no.1 for compensation of Rs.1,56,752/- after all deduction as per rule whereas expenses occurred of Rs. 2,73,654/- in repairing of aforesaid Tevera vehicle. The further case is that the insurance company further appointed engineer Devendra Kumar Srivastva for further investigation who also found the claim of the complainant satisfactory and submitted his report on 11-03-2014. The further case is that thereafter the insurance company didn’t pay the claim amount on several request and illegal amount was demanded for paying the claim amount. The further case is that after one year insurance company ( o.p no.1) sent a letter to the complainant on 30-09-2014 and accepted the claim of complainant for Rs. 66,000/- and asked the complainant to sign on discharge voucher and return to the o.p within 15 days with bank details otherwise the claim file will be closed. The further case is that the o.p didn’t pay any claim amount till today and as such there is deficiency in service on his part.
On behalf of complainant following documents have been annexed - photocopy of application of complainant to Senior Manager, National Insurance Company Ltd., for appointing surveyor- Annexure -1; photocopy of Insurance certificate- annexure-2-, photocopy of legal notice annexure-3- ,photocopy of Bill of battery dated 30-10-2013 annexure-4- , photocopy of bills of repair and photocopy of receipt of tochén annexure-5-, photocopy of bill of repairing annexure-6-, photocopy of report of surveyor Sunil Kumar Singh Engineer annexure-7-, photocopy of report of reinspection annexure-8, photocopy of letter of National Insurance Company to Mr. Manoj Kumar annexure-9.
O.P No.1 & 2 appeared on 14-07-2015 and filed his w.s. on 19-08-2015 with prayer to dismiss the complaint case. It has been mentioned in the w.s. that complaint has no cause of action or right to sue against the o.ps because the o.p has already settled the claim. The o.ps have admitted the fact that the vehicle of the complainant bearing registration No. BR06Q-0007 was insured with them for the period 29-06-2012 to 2806-2013 vide insurance policy no.- 15060031126100001326. It is also an admitted fact that the complainant served the intimation of said accident to the insurance company on 24-05-2013. Deputation of surveyor Sunil Kumar Sinha is an also admitted fact . The report of surveyor Sunil Kumar Sinha regarding the loss/damage of the vehicle is also an admitted fact. It has been mentioned in the w.s. that complainant didn’t lodge the FIR in respect of the accident so police has not enquired the matter. It is also an admitted fact that the surveyor submitted his report for loss of Rs. 1,56,752/-. It has also been mentioned in the w.s that the o.p insurance company had considered all the bills, views of the authorized technician and local surveyor and settled the claim for Rs. 66,000/- . It has been further mentioned that the matter is lingering due to non cooperation of the complainant with the insurance company.
The learned lawyer for the o.p admitted in his argument that the report of surveyor with respect to loss of Rs. 1,56,752/- may be accepted.
The main question for determination is as to whether the complainant entitled to get compensation as claimed for in the complaint petition or not?
The accident of the vehicle of complainant within insurance period is an admitted fact. It is also an admitted fact that the surveyor submitted his report to the insurance company to the loss of Rs. 1,56,752/- The complainant has not examined any expert witness mechanics to show that he suffered a loss of RS. 2,73,654/-. The o.p has also not examined any expert witness /technician to prove the fact that the complainant has not suffered the loss of Rs. 1,56,752/- as surveyor reported in his report. So there is only assumption and presumption on behalf of both the parties. It is an admitted fact that the complainant suffered a loss to the extent of Rs. 1,56,752/- so in our considered opinion the complainant is liable to get damaged amount Rs. 1,56,752/- but the o.p has only settled the claim for Rs. 66,000/- and as such there is deficiency in service on part of o.p.
Accordingly, the complaint petition is allowed in the above context with direction to o.ps to pay Rs. 1,56,752/- as damage/loss to the insured vehicle , Rs. 20,000/- as physical, and mental harassment and deficiency in service and Rs. 10,000/- as litigation cost with 8 % interest p.a. from the date of filing of this case within Two months from the date of receipt of certified copy of the order,. failing which the o.ps will be liable to pay the aforesaid amount with 9 % interest p.a. till realization. Let a copy of this order be furnished to both the parties as per rule.
