RAJESH KUMAR YADAV Vs. CHAIRMAN NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This complaint has been filed under Sec.12 read with Sec.17 (a) (i) of the Consumer Protection Act, 1986 ("the Act" herein) against the opposite parties (insurers) on 25-1-1990 praying that the opposite parties may be directed to pay immediately Rs, 4,80,000/- to the Complainant. The complaint on behalf of the complainant has been filed by Shri Jag Mohan Lal Yadav, power of attorney holder of the complainant. The complainant has alleged that he is a registered owner of bus No. RNP 1771. The complainant after paying premium of Rs.3,133/- on 11-7-1988 got it insured with opposite party No.3 (Branch Manager, New India Insurance Co. Ltd. , M. I. Road, Jaipur) and obtained a receipt thereof. A certificate of Insurance No.178936-E was issued. Policy No. being 31/3772. Total amount for which the vehicle was insured was Rs.1,75,000/-. The period of insurance was 11-7-1988 to 10-7-1989. It has been alleged that the bus met with an accident on 7-61989 at Sarwar, near Kekari. At that time the bus was running as a contract carriage of the Rajasthan Road Transport Corporation. The complainant is said to have informed about the damage caused to the vehicle to the insurers who got them surveyed. It is alleged that all the documents were made available to the insurers and as per the instructions given by them the complainant started repairing it. The total loss caused to the complainant for the replacement of the parts and repairs was to the turn of Rs.2,80,000/-. The bus remained standing for a period of 7 months for which the complainant has suffered loss of Rs.1,20,000/-. The complainant has alleged that besides the aforesaid amount he is entitled to the amounts of road tax, interest, penalty and also for compensation for harassment amounting to Rs.50,000/-. A sum of Rs.30,000/- has been claimed as workshop charges. In all the complainant has assessed the loss at Rs.4,80,000/- and prayed that he is entitled to this amount from the insurers.

(2.) With the complaint the complainant submitted photostat copies of the power of attorney, certificate of Insurance, certificate of fitness and compromise dated 9-6-1989, relevant portion of the driving licence, letter written by the power of attorney holder to the Branch Manager, New India Insurance Company, Ajmer for conducting final survey, letter for final survey enclosing the estimate of loss, officer order, two receipts dated 7-689 and 10-6-1989, estimates of spare parts and labour charges.

(3.) The opposite parties submitted the version of the case on 16-4-1990. The opposite parties submitted that the insured is Mr. Rajesh Kumar Yadav of bus No. RNP 1771. It was submitted that survey was conducted by the nominated surveyor of the insurers. However the complainant did not sumbit any First Information Report to the police and it is for the complainant to establish the facts of the accident, date and place. It was submitted that in accordance with the terms of the insurance, the complainant has not submitted registration and fitness, certificate route permit, bills and cash memos and he did not get the vehicle inspected after repairs. The survey of the vehicle was done by two impartial and independent surveyors. The complainant did not agree to accept the amount and as desired by him Mr. Vinod Kumar Varma was appointed as Surveyor. Mr. Vinod Kumar assessed the loss at Rs.58,608.86p. The insurers in their version of the case stated that they are ready to pay the amount, if the documents and salvage are delivered to them. A plea of pecuniary jurisdiction was raised. It was submitted that the claim for Rs.4,80,000/- filed by the complainant is frivolous and it should be dismissed under Sec.26 of the Act, It was also submitted that no relief can be granted to the complainant under the Act