State Consumer Disputes Redressal Commission
Chairman-Cum-Managing Director, ... vs Arjun Sannigrahi on 19 August, 2015
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. FA/709/2014 (Arisen out of Order Dated 11/06/2014 in Case No. Complaint Case No. CC/110/2012 of District Kolkata-I) 1. Chairman-Cum-Managing Director, National Insurance Co. Ltd. 3, Middleton Street, P.S. Shakespeare Sarni, Kolkata -700 071. 2. General Manager, National Insurance Co. Ltd. 3, Middleton Street, P.S. Shakespeare Sarni, Kolkata -700 071. 3. Deputy General Manager, National Insurance Co. Ltd. Calcutta Regional Office-II, Ruby House, 8, India Exchange Place, Kolkata-700 001, P.S. Hare Street. 4. Sr. Branch Manager, National Insurance Co. Ltd. Asansol Br. Office, Durga Market(1st floor), 46, G.T. Road, Asansol, Br. office, Durga Market(1st floor), 46, G.T. Road, Asansol, Dist. Burdwan. ...........Appellant(s) Versus 1. Arjun Sannigrahi Vill. Sadhu at Vill. Seuli, P.O. -Mondalgram, Dist. Bankura -722 156 & also at Chanda, P.O. Ratibati, Dist. Burdwan -713 339. 2. Mukul Baran Sadhu Vill. Sadhu at Vill. Seuli, P.O. -Mondalgram, Dist. Bankura -722 156 & also at Chanda, P.O. Ratibati, Dist. Burdwan -713 339. 3. Branch Manager, State Bank of India Satgram Branch (4777), P.O. - Kalipahari, Dist. Burdwan. ...........Respondent(s) BEFORE: HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER HON'BLE MR. JAGANNATH BAG MEMBER For the Appellant: Afroze Alam, Advocate For the Respondent: Mr. Asish Chakraborty., Advocate ORDER 19.08.2015 HON'BLE DEBASIS BHATTACHARYA, PRESIDING MEMBER
This appeal has been preferred by the OP Nos.1 to 4 of Case No.110/2012 before the Ld. District Forum, Unit-I, Kolkata against the order dt.11-06-2014 passed therein. By such impugned order, Ld. District Forum has allowed the case on contest against the OP Nos.1 to 4 with cost and dismissed without cost against the OP No.5 ex parte.
It is a case of the Complainant that they were carrying on a passenger transport business in the name and style, M/s. SatelliteTravels for earning their livelihood, and their Tata make bus,2009 bearing No.WB-67/7689costingRs.11,20,000/-,while coming with passengers on 20-06-2010 from Asansol to Sarenga, near Tanti Danga Jungle, under P.S. Sarenga, was intercepted by about ten miscreants with deadly arms and ammunitions by blocking the main road with tree and snatched valuables from the passengers and Rs.4,000/- being the sale money of the bus and set fire it. Accordingly, on the basis of an FIR, Sarenga P.S. started Case No.26/10 dt.20-06-2010, U/S. 147/148/149/341/323/379/435, IPC. It was insured with the OP No.4, who was informed of the incident by a letter dt.22-06-2010 along with necessary documents and submitted claim form on 01-07-2010. Later on, by a letter dt.16-03-2011, the OP No.4 was requested to consider the claim on total loss basis. But, the OP Nos.1 to 4 being the Insurance Company illegally, arbitrarily and mischievously withheld the bonafide own damage Motor Insurance claim of the Complainants for a sum of Rs.11,20,000/- being the IDV. Hence, the case.
On the other hand, the case of the OP Nos. 1 & 2 is that the policy was taken for Passengers Carrying Commercial Vehicle, and the Complainants are running transport business on commercial purpose for earning profit which is barred under U/S. 2(b) (i) of the C.P. Act., 1996 and hence the petition of complaint is not maintainable. By a letter dt.21-07-2011, the OPs have informed the Complainants that the IRDA approved Surveyor is to assess the loss on repair basis, cash loss-repair basis, total loss basis, or constructive total loss basis, etc. The Complainants have failed to establish any prima facie case against these OPs. So, the complaint be dismissed.
It is to be considered in this appeal as to whether the impugned order suffers from any kind of anomaly for making an intervention.
Decision with reasons Ld. Advocate for the Appellants have submitted there has been no repudiation of the claim. The Insurance Company has appointed one preliminary Surveyor and thereafter a final Surveyor and finally assessed the loss at Rs.6,44,091/- on repair basis. He has relied upon two decisions of the Hon'ble National Commission reported in 2014 (2) CPR 203 (NC) and 2015 (1) CPR 817 (NC).
Ld. Advocate for the Respondent Nos. 1 & 2 has submitted that the bus was the bread and butter of the Complainants, but for the loss of the same by fire my miscreants on 20-06-2010, Complainants are at a loss. It has been mentioned in the motor claim form that the damage to the insured vehicle was total loss ( fully burnt), and the Complainants are entitled to IDV of Rs.11,20.000/- from the OP Insurance Company. In fact, M/s. Bhandari Automobiles informed the Complainants by a letter dt.27-09-2011 that the repairing of the vehicle is not viable nor safe, and the preliminary Surveyor agreed in his report of such damage and before the final Surveyor also, it was furnished that as per repairers, the vehicle warranted total loss settlement. It is a case where the Insurance Company neither repudiated nor satisfied the claim for long and did not make any offer any time, and it was a great deficiency in service. He has relied upon two decisions of the Hon'ble National Commission reported in I (2007) CPJ 3 (NC) and IV (2013) CPJ 116 (NC) and some decisions of this Commission in FA Nos.9/2011, 284/2010, 151/2012, 35/2012 and 242/2013 The instant bus of the Complainants was totally gutted in fire. There is no case of settlement on repair basis. Still, the Insurance Company did not accept it on their whims and caprice and withheld the bonafide claim of the Complainants. So, the award given by the Ld. District Forum of IDV of Rs.11,20,000/- is a proper one. But, the compensation of Rs.75,000/- awarded is on a higher scale , which is reduced to Rs.25,000/-. Other parts of the order will remain unchanged.
Hence, it is O R D E R E D That the appeal be and the same is allowed in part on contest against the Respondent Nos.1 & 2. The impugned order is modified to the extent as mentioned in the body of the judgement. [HON'BLE MR. DEBASIS BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. JAGANNATH BAG] MEMBER