Orissa

Cuttak

CC/218/2022

Radheshyam Prasad - Complainant(s)

Versus

The Chairman -cum-Managing Director,The New India Assurance Co Ltd - Opp.Party(s)

R K Pattanaik & associates

07 Nov 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.218/2022

 

Radheshyam Prasad,

S/o: Rajendra Prasad,

At/ P.O:Barsuan,Sundargarh,

At present residing in the house of

Smt. Mayarani Das,House No.B-33,

Kathajodi Enclave,Sector-9,CDA,Cuttack,

Odisha-753014.                                                                           ... Complainant.

          Vrs.

 

1.       The Chairman Cum Managing Director,

The New India Assurance Co. Ltd.,

H.O:87, M.G Road,Fort,Mumbai-400001.

 

2.       Branch Manager,

The New India Assurance Co. Ltd.,

Branch-CDU-2,B 34,Sahid Nagar,Bhuaneswar-7.

 

3.       Manager Claim Hub,

The New India Assurance Co. Ltd.,

                         Bhubaneswar Regional Office,1^st Floor,

                          Alok Bharati Tower,Sahid Nagar,

                          Bhuaneswar-751007,Dist:Khurda.                                     … Opp. Parties.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    26.10.2022

Date of Order:  07.11.2023

 

For the complainant:           Mr. R.K.Pattnaik,Adv. & Associates.

For the O.Ps :                           Mr. A.A.Khan,Adv. & Associates.

         

Sri Debasish Nayak,President.         

Case of the complainant as made out from the complaint petition in short is that being unemployed in order to earn his livelihood, he had opened a Transport Agency named and styled as “M/s. Sunshine Transport” and had purchased a Tata Cigna-2018 truck bearing Regd. No.OD-14P-4697 for a price of Rs.33,57,653/-.  He had insured the said vehicle also with the O.Ps under Commercial Vehicle Package Policy bearing Policy No.55020031190100003183 which was valid from 4.7.2020 till 3.7.2021 and had paid the premium of Rs.90,615/- for the same.  While carrying iron ore and unloading the same at Paradeep Port stockyard, the said vehicle of the complainant had capsized due to the loose soil thereby causing damage to the body and cabin of the truck.  The matter was reported to the O.Ps who had deputed a Surveyor.  The said Surveyor, Er.  Prashant Kumar Mishra had visited the spot, taken photographs and had also estimated the damage as caused.  The vehicle was sent for repair to M/s. Triveni Automobiles at Cuttack.  The repairing cost of the body of the said vehicle was estimated to be of Rs.7,72,622/- and for repairing the engine it was estimated to be of Rs.5,48,900/-.  Thus, the claim was made by the complainant to the tune of Rs.13,21,522/- to the O.Ps.  But the O.Ps had repudiated the claim of the complainant through their letter dated 29.7.2020 since because the fitness of the said vehicle of the complainant had already expired on 25.7.2020.  The matter was referred to the Insurance Ombudsman but no result yielded even there.  The complainant has urged about the Govt. of India notification dated 30.9.2021 during the Covid-19 Pandemic lock down period that the fitness of the vehicle those which expired then, the renewal date for those the fitness has been extended.  But the O.Ps had overlooked such circular of the Govt. of India even.  The complainant having no other way out had to file this case claiming the loss as sustained for his vehicle towards its repair to the tune of Rs.13,51,522/- alongwith interest thereon @ 9% per annum from the date of his claim till the total amount is quantified together with compensation to the tune of Rs.1,00,000/- towards his mental agony and harassment and further a sum of Rs.50,000/- towards cost of his litigation.  He has also prayed for any other relief as deemed fit and proper.

          In order to prove his case, the complainant has filed copies of several documents alongwith his complaint petition.

2.       The O.Ps have contested this case and have filed their written version together.  According to them, the case of the complainant is not maintainable which is liable to be dismissed.  They admit about the commercial Vehicle Package Policy to have been issued by them in favour of M/s. Sunshine Transport of the complainant covering risk of the truck bearing No.OD-14P-4697 which was valid from 4.7.2020 to 3.7.2021.  The O.Ps have harped through their written version that the fitness certificate of the said vehicle of the complainant indicates that it was valid upto 25.7.2022 only but the accident taken place on 13.12.2020 which according to them, had occurred when the said vehicle had no fitness and thus it was a gross violation to the policy terms and conditions as obtained by the complainant for his truck.  It is for this, the claim was closed as “No claim” which was intimated to the complainant through their letter dated 29.7.2021.  Accordingly, the O.Ps have prayed for dismissal of the complaint petition as filed by the complainant.

          The O.Ps have also filed several copies of  documents in order to establish their stand.

          Sri Gyanendra Mohanty, the Sr. Divisional Manager of the O.Ps has filed evidence affidavit on behalf of the O.Ps but the same when perused, it is noticed to be the reiteration of the contents of the written version and nothing else.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue No.iii.

Out of the three issues, Issue no.ii being the most pertinent issue is taken up first for consideration here in this case.

After perusing the complaint petition, the written version, the written notes of submissions from either sides, the evidence affidavit filed from the said O.Ps and also after perusing  the copies of documents as available in the case record, it is noticed that admittedly the truck of the complainant bearing Regd. No. OD-14P-4697 was insured by the O.Ps  with effect from 4.7.2020 till 3.7.2021.  It is not in dispute that the truck of the complainant had capsized within the Paradeep Port Area thereby causing damage to the cabin and body of the said truck on 13.12.2020.  The O.Ps after getting information about the occurrence had deputed Surveyor who had assessed the loss and had submitted his report here in this case.  The O.Ps had repudiated the claim of the complainant as made and had intimated the same to the complainant through their letter dated 29.7.2021.  It is the contention of the O.Ps that the fitness certificate of the vehicle of the complainant was valid upto 25.7.2020 whereas the occurrence had taken place on 13.12.2020 which according to the O.Ps, signifies that on the date of occurrence there was no fitness of the alleged truck of the complainant which was  in gross violation to the terms and conditions of the policy as obtained by the complainant from them.  The complainant in order to counter the said allegation of the O.Ps had drawn attention towards the circular as issued by the Govt. of India, Ministry of Road Transport and Highways dated 30.9.2021 vide Anenxure-7 wherein at para-2 & 3 it is mentioned that “ In view of the above, Ministry of Road Transport and Highways had issued advisories dated 30^th March,2020, 9^th June,2020,24^th August,2020,27^th December,2020,26^th March,2021 and 17^th June,2021 to all States and Union Territories regarding extension of validity of the documents related to Motor Vehicles Act,1988 and Central Motor Vehicle Rules,1989.  It was advised that the validity of Fitness, Permit (all types), Driving License, Registration or any other concerned document(s) whose extension of validity could not be, or was not likely to be, granted due to lock-down and which had expired since 1^st of Feb,2020, or would expire by 30^th of September,2021, the same may be treated to be valid till 30^th of September,2021.  Enforcement authorities were advised to treat such documents valid till 30^th of September,2021.

Taking into consideration the grim situation still continuing due to conditions for prevention of spread of COVID-19 across the country, it is advised that the validity of all of the above referred documents whose extension of validity could not be, or was not likely to be, granted due to lock-down and which had expired since 1^st of Feb,2020 or would expire by 31^st October,2021, the same may be treated to be valid till 31^st October,2021.  Enforcement authorities are advised to treat such documents valid till 31^st October,2021.  This will help citizens in availing transport related services.”

 Thus, when there is a circular/advisory issued from the Govt. of India, Ministry of Road Transport and Highways as regards to the extension of renewal time period towards the fitness of the vehicles during the pandemic COVID-19 lock down period, overlooking the said circular/advisory on the part of the O.Ps tilts our eye brows since because their urge that the truck of the complainant was without fitness on the date of occurrence can be said to have been oust by virtue of this circular/advisory as issued by the Govt. of India, Ministry of Road Transport and Highways.  Thus, this Commission finds that by repudiating the claim of the complainant without proper application of mind appears to be ridiculous on the part of the O.Ps which signifies deficiency in their service also.  Accordingly, this issue goes in favour of the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is maintainable and he is entitled to the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is decreed on contest against the O.Ps who are found to be jointly and severally liable here in this case.  Thus, the O.Ps are directed to pay the complainant the repairing amount as assessed by their Surveyor vide Annexure-C towards the vehicle bearing Regd.No.OD-14P-4697 to the tune of Rs.7,90,000/- with  interest thereon @ 9% per annum from the date of claim i.e from 22.12.2020 till the total amount is quantified.  The O.Ps are further directed to pay the complainant a sum of Rs.1,00,000/- towards compensation for his mental agony and harassment and a further to pay another sum of Rs.50,000/- towards cost of his litigation.    This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 7^th day of November,2023 under the seal and signature of this Commission.         

                                                                                          

                                                                                    Sri Debasish Nayak

                                                                                              President

                                                                                     Sri Sibananda Mohanty

                                                                                                Member.