RAHUL JAISWAL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The present revision petition has been filed by Rahul Jaiswal (herein after referred as the 'Petitioner') who was the original complainant before the District Forum being aggrieved by the order of the State Commission in favour of Oriental Insurance Co. Ltd. (herein after referred to as the 'Respondent').

(2.) The facts of the case according to the Petitioner are that he had comprehensively insured a Bolero vehicle owned by him with the Respondent/Insurance Company on 28.11.2001 for an amount of Rs. 4,51,000 for a period of one year. On 1.1.2002, the said vehicle met with an accident near Civil Court, Ambikapur and the Respondent was informed about it on the same day. Respondent appointed a Surveyor to inspect the vehicle on-the-spot as well as a final Surveyor. Petitioner submitted all the relevant documents as asked for including the bills for repairing the vehicle, etc. on 11.2.2002 and 14.5.2002 respectively. The total cost of repairing the vehicle was Rs. 46,669. Despite this, Respondent did not settle the claim. Petitioner, therefore, sent a legal notice on 4.4.2005 to which no response was received. Aggrieved by this, Petitioner filed a complaint before the District Forum seeking compensation of Rs.46,669 along with interest @ 18% and other reliefs.

(3.) Respondent while admitting that the vehicle of the Petitioner was insured with it has stated that after intimation of the accident, a Surveyor was appointed who after an on-the-spot inspection assessed the loss at Rs. 10,228 which was confirmed by the final Surveyor. However, this amount could not be released because Petitioner did not comply with the request of the Respondent sent vide letters dated 7.2.2002, 30.1.2002 and 4.2.2002 to submit the bills, cash memos and police report. The claim was, therefore, closed on 28.3.2002 and thereafter it became time barred and, therefore, the Petitioner is not entitled to any relief.