Chandigarh

DF-II

CC/404/2017

Harvir Singh - Complainant(s)

Versus

SBI General Insurance Co. Ltd., - Opp.Party(s)

Pankaj Katia Adv. & Amit Sen Adv.

23 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	404 of 2017
Date  of  Institution	:	11.05.2017
Date   of   Decision	:	23.11.2017

 

 

 

 

Harvir Singh s/o Sh.Nirmal Singh, r/o H.No.31, Village Chtamala, Teh.& Distt. Ropar, Ropar Head Post Office, Rupnagar, Punjab-India      

             …..Complainant

Versus

1]  SBI General Insurance Co. Ltd., through its Managing Director, having its registered office at ‘Natraj’ 101, 201 & 301, Junction of Wester Express Highway & Andheri-Kurla Road, Andheri (East), Mumbai 400069

2]  SBI General Insurance Co. Ltd., through its Manager having its Office at SCO 457-458, 1^st & 2^nd Floor, Himalaya Marg, Sub. City Centre, Sector 35-C, Chandigarh 160035

3]  Toyota Financial Services India Ltd., through its Manager having its Office at Pioneer Toyota, #177, H & I, Industrial Area, Phase-1, Chandigarh 160022

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

                                MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

 

Argued by: Sh.Pankaj Katia, Adv. for complainant.

 Sh.Inderjit Singh, Adv. for OPs No.1 & 2.

 OP No.3 exparte.

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that car of the complainant i.e. Toyota Etios purchased from OP No.3 on 23.12.2015 bearing Regd.No.PB-01-A-8491 was got insured with OP Insurance Company vide policy Ann.C-2 valid from 23.12.2015 to 22.12.2016.  It is averred that on 28.11.2016 at about 12.15 AM the car of the complainant being driven by his driver Manjeet Singh (Ann.C-3) met with an accident, in order to save an animal who suddenly came in front of the car, the car hit the tree on the side of the road and got damaged. It is averred that as no other damage was caused to any other person or vehicle, so no FIR/DDR was got registered nor any intimation was sent to the police authorities. Thereafter, the complainant initiated the claim with Opposite Parties NO.1 & 2 and supplied all required documents including affidavit dated 3.12.2016 authenticating the factum of accident caused due to stray animal coming in front of the vehicle of the complainant driven by his driver Manjeet Singh and the car swerving into a tree on the roadside.  However, the OPs NO.1 & 2 repudiated the claim vide letter dated 15.3.2017 (Ann.C-6) on the ground of misrepresentation of facts by the complainant.  It is averred that the repudiation letter also revealed that OPs NO.1 & 2 on the basis of some unilateral investigation carried out by itself have concluded that the vehicle was not being driven by the driver of the complainant and rather was being driven by the complainant himself. It is also averred that due to wrong repudiation of the claim, the complainant has further incurred expenses to the tune of Rs.5030/- towards parking fee/estimate charges (Ann.C-7 & C-8) paid to OP No.3.  Alleging the said repudiation as illegal and deficiency in service, hence this complaint has been filed.

 

2]       The Opposite Parties No.1 & 2 have filed joint reply and while admitting the factual matrix of the case, stated that the cause of loss to the vehicle is not certain as there is no policy intimation/FIR/DDR of the accident and that at the time of accident, the car was being driven by the complainant himself, but he was not having valid/effective driving license to drive the commercial vehicle and accordingly to avoid this shortcoming/lapse, one Manjeet Singh s/o Kuldip Singh was falsely introduced/implanted by the complainant as driver of the car to bring the DL of Manjit Singh on records of the insurance company.  It is also stated that the complainant has misrepresented the facts about the driver in the claim form.  It is submitted that even from the discharge summary of Saraswati Multispecialty Hospital, it is established that the complainant Harvir Singh was treated for the injuries sustained in the accident on the night of the accident.  It is also submitted that the claim of the complainant has rightly been repudiated on account of misrepresentation as well as on account of not possessing the valid/effective driving license.  Pleading no deficiency in service and denying rest of the allegations, the OPs NO.1 & 2 have prayed for dismissal of the complaint.

 

         OP No.3 did not turn up despite service of notice sent through regd.post on 18.5.2017, hence it was proceeded exparte vide order dated 21.7.2017.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have carefully examined the facts and pleadings along with entire evidence on record.

 

5]       The Toyota Etios Car bearing Regd. NO.PB-01A-8491 of Harvir Singh, the complainant was insured with SBI General Insurance Company Limited/OPs No.1 & 2 vide Commercial Vehicle Package Policy bearing No.TSB/30046262 with Insured Declared Value (IDV) of Rs.7,17,454/-, valid from 23.12.2015 to 22.12.2016 (Ann.C-2).  The vehicle was insured by making annual payment of Rs.45,123/- by the complainant.  The said insured vehicle met with an accident on 28.11.2016 and was extensively damaged.  The Toyota Globe Automobiles Pvt. Ltd., Mohali/OP No.3 (an authorised dealer) inspected the accidental vehicle in question and estimated the total cost of repair as Rs.13,95,874/- (Ann.C-8). 

 

6]       The complainant has stated that at the time of accident, the vehicle was driven by Manjeet Singh s/o Kuldip Singh, r/o Deep Nagar, Sector 78, Sohana, SAS Nagar (Mohali), who had valid driving license bearing No.PB-6520070234908 which was valid for LMV (Transport) till 10.6.2019 and LMV (Non-Transport) till 26.5.2031 (Ann.C-3).

 

7]       The SBI General Insurance Company Limited/OPs No.1 & 2 has repudiated the claim of the complainant on account of damage of his insured car bearing NO.PB-01-A-8491 – Toyota Etios merely on the ground that the car was actually driven by Harvir Singh s/o Nirmal Singh, the complainant himself and not by Manjeet Singh s/o Kuldip Singh, as reported by the complainant.  The OPs No.1 & 2 have relied upon the report of one Investigator appointed by them, who just based his report on the missing Driving Licence Report lodged with Punjab Police by Harvir Singh on 23.12.2016 (Ann.OP-5/A).  However, from the perusal of Ann.OP-6/A, copy of Driving License bearing DL No.PB-1220060002086 issued on 9.3.2004 in the name of Harvir Singh s/o Nirmal Singh, complainant issued by District Transport Officer, Rupnagar, it is obviously beyond any doubt that Harvir Singh, complainant had the driving license for Light Motor Vehicle Non Transport, Light Motor Vehicle Transport Goods and Light Motor Vehicle Transport Cab valid till 8.3.2024. 

 

8]       The D.L.No.PB-1220060002096 written on the Driving License Missing Report with Punjab Police (Ann.OP-5/A), dated 12.9.2016 seems to be a clerical mistake on the part of Harvir Singh while lodging the said report with the police thereby mentioning the number of his driving licecne as PB-1220060002096 instead of correct DL No.PB-1220060002086. 

 

9]       The OPs No.1 & 2 have not considered the claim of the complainant in right perspective and rejected the same whimsically on the basis of the report of Investigator, which is merely based on concocted facts and has no credible evidence in support thereof.

 

10]      The complainant Harvir Singh reportedly was injured in the accident and admitted in Saraswati Multi Speciality Hospital, Gharuan, Mohali, Punjab on 28.11.2016, on the date of accident, but that itself is not sufficient enough to assume that Harvir Singh was injured only of driving the car.  He could have sustained injuries while sitting by the side of the driver in the car at the time of accident.  The injuries, if any, suffered by Harvir Singh does not lead to firm conclusion that Manjeet Singh was not driving the said vehicle at the time of accident on 28.11.2016. The decision of OPs No.1 & 2 regarding repudiation of claim of the complainant is, as such, untenable and without merits. There is no impediment in payment of claim of compensation under the terms & conditions as applicable herein.

 

11]      The Toyota Globe Automobiles Pvt. Ltd./OP NO.3 (an authorised dealer of Toyota) has estimated the total loss to the vehicle to the tune of Rs.13,95,874/-. However, keeping into consideration the total loss of vehicle, the liability of OPs No.1 & 2 is restricted to the extent of Insured Declared Value of the vehicle i.e. Rs.7,17,454/- under Policy No.TSB/30046262 (Ann.C-2).

         The complainant for no fault of his, has paid Rs.5030/- on account of parking fee/estimate charges to OP No.3 due to non-settlement of the claim by OPs No.1 & 2.

 

12]      Keeping into consideration, the above facts & circumstances of the case, the OPs No.1 & 2 are found to be deficient in their services, as such, the complaint is allowed with directions to Opposite Party No.1 & 2 to pay the Insured Declared Value of the vehicle of Rs.7,17,454/- plus Rs.5030/- to the complainant along with interest @6% per annum from the date of filing of this complaint before this Forum i.e. 11.5.2017 till payment and litigation cost of Rs.5000/-, within a period of 30 days from the date of receipt of certified copy of this order.

         In case the OP No.1 & 2 failed to comply with the order within the stipulated period, then they shall also be liable to pay additional compensatory cost of Rs.10,000/- to the complainant apart from the above relief.

         The complainant shall handover the wreckage of the damaged vehicle along with documents concerned to the OPs No.1 & 2 on receipt of awarded amount from them.

 

13]      However, the complaint qua Opposite Party NO.3 stands dismissed.

 

         Certified copy of this order be communicated to the parties, free of charge. After compliance, file be consigned to record room.

Announced

23^rd November, 2017                                                    

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER