NEW INDIA ASSURANCE COMPANY LTD. Vs. SHAILENDRA PRASAD SINGH
LAWS(NCD)-2020-8-36
NCDRC
Decided on August 17,2020

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
Shailendra Prasad Singh Respondents




JUDGEMENT

- (1.) This revision petition has been filed by the petitioner New India Assurance Co. Ltd. against the order dated 09.06.2015 of the State Consumer Disputes Redressal Commission, Bihar (in short 'the State Commission') passed in Appeal no.54 of 2014.
(2.) Brief facts of the case are that on 24.08.2010, the respondent/complainant availed a package policy for his Bolero Car bearing Reg. No.BR-01PA-5134 for an insured value of Rs.4,04,600/-from the petitioner/OP bearing policy No.540602/31/10/01/0000853 for period from 24.08.2010 to 23.08.2011. On 18.08.2011, the said vehicle of the respondent/complainant met with an accident near Dhowa bridge and sustained damages. On 19.08.2011, the respondent/complainant lodged a claim with the petitioner/OP vide a claim form of even date and stated therein that the said vehicle was being driven by one Sanjay Yadav. The petitioner/OP thereafter appointed M/s. Mahendra and Co. for conducting survey of the damaged vehicle and for assessing the resultant liability of the petitioner/OP. M/s. Mahendra and Co. tendered their survey report dated 30.11.2011 and assessed the liability of the petitioner/OP at Rs.84,521.69. The petitioner/OP thereafter appointed Sh. Ram Parvesh Prasad to conduct re-inspection of the insured vehicle and confirm as to whether the repairs/replacement had actually been carried out and Sh. Ram Pravesh Prasad tendered his report dated 23.12.2011 stating that the respondent/complainant had effected all the repairs/replacements as considered in the report of M/s. Mahendra and Co. On 02.05.2012, the petitioner/OP thereafter wrote a letter to the respondent/complainant of even date seeking as to why the respondent/complainant had not co-operated in conducting of spot survey and further requested to provide a photocopy of the driving licence of the driver for conducting verification. Thereafter the respondent/complainant provided a copy of the driving licence bearing No.882/08-09/prof. issued by DTO-Nalanda in the name of Sanjay Yadav to the petitioner/OP. Upon receipt of the same, the petitioner/OP appointed Sh. Raj Kumar Sinha for verifying as to whether the said driving licence was genuine or not. On 25.05.2012, Sh. Raj Kumar Sinha verified the said licence from DTO-Nalanda and concluded that the said licence was fake. Accordingly, the petitioner/opposite party wrote to the complainant about the foraged licence of Sanjay Yadav, the driver vide their letter dated 20.06.2012. Accordingly, the claim was repudiated. Aggrieved by the repudiation, the complainant preferred consumer complaint no.07/2013 before the District Forum, Nalanda, Biharsharif (District Forum). The complaint was resisted by the opposite party by stating that the licence of the driver has been found to be fake on verification and therefore, the claim was not payable. However, later on complainant in connivance with the police had added one line in Sanaha dated 18.08.2011 that the vehicle was driven by Madan Singh. It was stated that the complainant has filed the claim in the claim form, where name of the driver is mentioned as Sanjay Yadav. Even, the surveyor in his report has mentioned Sanjay Yadav driver at the time of accident. In the original Sanaha, there was no mention of any driver. Thus, the Sanaha has been modified by the complainant fraudulently and this cannot be treated as proper evidence. The District Forum, however, allowed the complaint vide its order dated 20.11.2013 and directed the opposite party to give to the complainant the amount assessed by the surveyor i.e. Rs.84,521/- and Rs.2,000/- as litigation expenses within 45 days. Payment after the said time would be with interest at 9% on the said amount from the date of this order.
(3.) Aggrieved by the order of the District Forum, the opposite party/petitioner herein preferred an appeal before the State Commission and the said appeal has been dismissed by the State Commission vide its order dated 09.06.2015.;


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