State Consumer Disputes Redressal Commission
Rajvi Cargo Movers Pvt Ltd vs The New India Ins Co Ltd on 13 June, 2023
Details DD MM YY
Date of disposal 13 06 2023
Date of filing 09 08 2018
Duration 04 10 04
BEFORE THE CONSUMER DISPUTES REDRESSAL
COMMISSION OF
GUJARAT AT STATE AHMEDABAD
COURT NO: 01
COMPLAINT NO: 142/2018
Rajvi Cargo Movers Pvt. Ltd.
Through its Director Bhupendrasinh Dalpatsinh Rana,
Office at No. 5, Plot NO. 16, Sector-8,
Gandhidham, Kutch,
Gujarat-370201. ...Complainant
V/s
The New India Insurance Company Ltd.
Gandhidham Division Office,
Ashirwad Complex, Plot No. 334,
Ward 12-B, Gandhidham-370201. ...Opponent
APPERANCE: Mr. M.I. Mansuri, L.A. for the complainant
Mr. A.G. Thakor, L.A. for the opponent
Coram: Hon'ble Mr. M. J. Mehta, President (In charge)
Hon'ble Mr. J. G. Mecwan, Member
Order by Shri M.J.Mehta, President (In charge)
1. The present complaint is preferred by the complainant alleging deficiency in service and unfair trade practice on the part of opponents.
2. The brief facts of the complaint are as under:
3. The complainant Rajvi Cargo Movers Private Limited in this complaint is a private limited company and is carrying on B.H.Gadhavi CC/142/2018 Page |1 logistic cargo business within the limits of Gujarat and Rajasthan. The company has its branches in Gandhidham and Ahmedabad. Complainant has vehicle bearing registration no. GJ-12-AZ-2827 for the purpose of transportation for earnings and livelihood. The present complaint arises from theft/loses of vehicle bearing registration GJ-12-AZ-2827 with Chassis No. 4625 and Engine No. 63396231, which was insured with the Commercial Policy No. 21160031160100022996 covering the period with date 04.11.2016 to 03.11.2017 with the opponent Insurance Company. Therefore the complainant claims compensation of Rs. 19,98,500/- and Rs.1,50,000/- towards mental pain, inconvenience and Rs.50,000/- towards cost of the proceedings in all total claim of Rs. 21,98,500/- with interest at the rate of 12% from the date of incident.
4. On about 24.11.2016 three trucks of the complainant went for transportation with goods to Sevalia cement plants and then all of them unload goods and return to Gandhidham and then all that truck depart to Ahmadabad Company's branch but during the transit among all three trucks only two trucks were reach to Ahmadabad branch and truck No. GJ-12-AZ-2827 didn't reach to Ahmadabad branch then B.H.Gadhavi CC/142/2018 Page |2 making affords and inquiring about truck but the complainant could not find, therefore missing truck and driver also. Thereafter the complainant on 25.11.2016 gave written application to Aslali Police station for lodging the FIR for missing the vehicle and driver of truck and further the same is also informed to the opponent Insurance Company vide letter dated 25.11.2016. Further the F.I.R. being CR No. 1-158/2016 has been lodged to police officials for missing the Truck and driver on 28.11.2016 to the Aslali Police station Station. Thereafter, a panchnama with regards to the theft/loss of vehicle was carried out by Aslali Police station.
5. Thereafter, the complainant preferred claim before opponent insurance company by filing claim form on 01.12.2016 along with covering letter with all policy papers were forwarded. Further complainant produced all original documents to the Insurance Company and requested to take appropriate action for settling the claim. Thereafter, again requested to the opponent by the complainant for expeditious settlement of the claim.
6. The final report was also filed by Aslali Police Station stated as the vehicle truck No. GJ-12-AZ-2827 and driver are still missing on 27.03.2017 and so "A" summary report No. 13/2017 was filed.
B.H.Gadhavi CC/142/2018 Page |3 7. On 11.08.2017, the Opponent Insurance Company
repudiated the claim of the complainant on the ground that there was a FIR lodged by the police about cheating and dishonesty not of theft that's why the complainant cannot entitle to claim for theft. Further the opponent Insurance Company not considered the terms of policy conditions which is mention Section-I - Loss of or Damage to the Vehicle Insured , and being aggrieved with the same the complainant filed the case before the Consumer Commission. They have also produced the documentary evidence which is as under.
Sr. No. Particulars Date
1. Copy of Retails Invoice 30.09.2014
2. Copy of Insurance Policy and 02.11.2016 other Documents(colly)
3. Copy of Complain to Police 25.11.2016 Station
4. Copy of Application Regional 25.11.2016 Manager of Insurance Company
5. Copy of FIR 28.11.2016
6. Copy of Panchnama 29.11.2016
7. Copy of the Claim Form with 01.12.2016 B.H.Gadhavi CC/142/2018 Page |4 investigation report with letter
8. Copy of Letter to the RTO 02.12.2016 Officer
9. Copy of letter from the 10.07.2018 complainant to the Insurance Company
10. Copy of Final Report under 27.03.2017 Section 173 of Criminal Procedure Code in FIR NO. I-
158/2016
11. Copy of Information given to 27.03.2017 complainant under section 173(1) of Criminal Procedure Code.
12. Copy of Vehicle enquiry 31.05.2017 report from NCRB
13. Copy of Reputation letter by 11.08.2017 Insurance company
14. Copy of letter from the 24.11.2017 insurance company to the complainant
15. Copy of Account ledger B.H.Gadhavi CC/142/2018 Page |5
8. Summons were served upon to opponent and they have filed their reply at page no. 64 where in complainants allegations were denied and ultimately requested to dismissed the complaint with cost.
9. The main issue raised by the opponent side is that the said case of the complainant does not came within the purview of section 378 of the IPC which is theft but is covered under section 407 criminal breach of trust by carrier and section 420 cheating and dishonestly inducing delivery of property, hence the complainant is not liable to pay the claim.
10. Ld. Ad. Mr. Mansuri has submitted before us that initial complaint was lodged under section 420 and 407 and the driver and truck both were missing and hence the complaint was lodged wherein accused were not arrested and a summary report were submitted by the police station.
11. Accordingly Ld. Ad. Mr. Mansuri has cited before us the judgement 2017(0) AIJEL-SC61436 in the case the theft of vehicle fundamental breach of condition of insurance policy, liability of insurance company if vehicle stolen by passengers to whom lift was given by driver. We gone through the judgement wherein theft was established by surrounding circumstances and lodged the complaint. Here in the case we B.H.Gadhavi CC/142/2018 Page |6 are agree that document suggested itself that a type of theft is that the driver and truck were missing and it was lost by criminal activities of the person concern and thereby according to our views the complainant has lost their truck and by this we are of the opinion that policy obtained in any case, damages caused to the complainant by the Criminal Act of anyone it can be contest for theft.
12. Further Ld. Ad. Mr. Mansuri has drawn our attention at page no. 16 particularly on Section-I Loss Of or Damage to the Vehicle Insured and in sub-section (vii.) clearly mentioned the word "by malicious act", which clearly suggest that insurance policy is liable to pay the loss.
13. Ld. Ad. Mr. A.G. Thakor submitted before us that complainant is required to be dismissed because there was no case of theft.
14. After hearing both the parties it is very much clear that the complainant has taken the commercial policy with the opponent company. FIR is very much clearly suggest that Section 407 and 420 of IPC for cheating and dishonesty and which includes in the policy terms and condition i.e by malicious act therefore the insurance company is liable to pay the compensation and loss caused to the complainant.
B.H.Gadhavi CC/142/2018 Page |7
15. We gone through the documentary evidence as well as the submission on behalf of both the sides, and came to conclusion that amount of Rs. 10,00,000/- with 7% interest is just and proper.
ORDER
1. Complaint no.142 of 2018 is partly allowed.
2. The opponent insurance company is directed to pay Rs.10,00,000/- (Rupees Ten Lakh ) with 7% interest from the date of filing the complaint within 60 days to the complainant, failing which complainant is entitled to award amount at 9% interest.
3. No order as to cost
4. Copy of the order be provided free of charge to the parties.
Pronounced in the open court on 13st june, 2023.
[Mr. J. G. Mecwan] [Mr. M. J. Mehta]
Member President (In Charge)
B.H.Gadhavi CC/142/2018 Page |8