District Consumer Dispute Redressal Commission, West Singhbhum at Chaibasa

C.C. No.14/2018

Rishi Kumar…………………Complainant

Vrs.

M/s Cholamandalam Insurance Co. Ltd……………..O.P.

ORDER

     Step has not been taken on behalf of either side. On perusal of the case record it transpires that complainant Rishi Kumar has filed instant case with grievance that he is owner of Truck bearing Registration No. JH06J-7628 and used to ply the Truck by a valid license holder of driving along with other relevant documents.  Further that above vehicle was insured with the O.P. vide Policy No.3379/01717942/000/00 which was valid till mid night of 17.04.2018 under the terms and conditions mentioned in the insurance policy.

     Further that on 05.11.2017 at about 06:15 hour above Truck was carrying Iron Ore from Jamda to Ramgarh in the mean time Truck met an accident near Kandra State Bank more and in the result one female child sustained injury in her body and she got treated in Adityapur.

     Further that after accident complainant reported the matter to Police Station and also brought the damaged Truck at Khokhar Industries Truck Body Builder Engineering and Fabrications located Chaibasa.  After proper investigation company estimated for repairing body of the accidental Truck Rs.198000.00 and machinery part worth Rs.183095.00 and the accidental vehicle was fully repaired and bill was handed over the complainant by above truck body builder which was paid by the complainant.  Further that he claimed the above amount from the O.P. which was also supported by the surveyor of the O.P. but instead of paying the above amount O.P. created hindrance on the ground of terms and conditions of insurance policy.  Although accident took place within the insurance period of the vehicle.  When the payment was not made by the O.P. despite several oral and written demands, then instant case has been filed with prayer to pass appropriate award in this case.

     After issuance of notice O.P. has appeared and Written Statements has been filed on behalf of the O.P. denying the allegation mentioned in the complaint petition.

     Case record further reveals that on 30.10.2019 both parties had appeared with petition that O.P. is ready to give Rs.250000.00 to the complainant as full and final settlement amount.  Complainant has also agreed thereafter case was fixed for payment of the amount to complainant by the O.P. on 31.08.2021 on affidavit which has been filed in this case by the complainant namely Rishi Kumar, Stating there in that O.P. had paid Rs.200000.00 (two lacs only) as full and final settlement through NEFT in his account in the Bank of India Chaibasa Branch and no any type of grievance has been shown by the complainant in his affidavit.

     Since as per affidavit submitted by the complainant O.P. has paid the amount Rs.200000.00 (two lacs only) in the saving bank account of complainant Bank of India Chaibasa Branch and complainant has not shown any types of grievance against the O.P.  So in the aforesaid circumstances we do not think proper to proceed with case any longer.In the result instant case is disposed of in the interest of justice.

     Let the case record we kept in the record room by the O.C.