KAMALASH SINGH Vs. NATIONAL INSURANCE CO

JUDGEMENT

(1.) - The case of complainant in brief is that the complainant Sri Kamalesh Singh, an unemployed young man, purchased a HM trekker for his livelihood through a financier M/s. Auto credit Corporation Ltd. , in the month of July, 91. The said trekker was insured under comprehensive insurance scheme of National Insurance Co. Ltd. , Calcutta Branch No. X. The said vehicle was plying at Begusarai bearing No. BR-1a-2238 was declared fit and was permitted by the Regional Transport Authority, Bihar to carry 11 passengers on contract basis. The said vehicle met with an accident on 26.3.91 at Begusarai which caused death of an unidentified pedestrian which infuriated an assembled mob who set the vehicle on fire and the vehicle was transformed into ashes except the completely damaged skeleton and afterwards, the remaining, skeleton was thrown into the ditch by the side of National High Way by the infurious mob. The traffic police on the spot lodged FIR with the Police Station on the same date, i. e. on 26.3.91. The complainant informed about the said incident to the opposite parties in writing on 28.3.91. Accordingly, spot surveyor, appointed by the opposite parties Nos.1 to 3 submitted his report on 11.4.91 about total loss of the vehicle and observed the same is being irreparable alongwith photographs showing the completely burnt and damaged skeleton of the vehicle in toppled condition.

(2.) The complainant submitted the prescribed Claim Form" duly filled-in in the month of April '91 with the claim for total loss as per covered value of Rs.1,22,000/- by the insurance policy No.10-10-00-6305146-0 valid from 11.7.90 to 10.7.91 before the opposite parties. After extensive follow-up, the opposite parties appointed on 3.5.91 one surveyor M/s. C. S. and S. B. for final report which was intimated to the complainant over telephone on 8.5.91. In the meantime, the Motor Vehicle Inspector submitted his report on 24.4.91 indicating about the total loss of the vehicle. It is further alleged by the complainant that the said surveyor completed his survey work from 14.5.91 to 16.5.91. It is also alleged that the surveyor, without inspection of the vehicle, only accepting the papers from the complainant at Calcutta, submitted his report assessing the loss at 30% of the insured value. It has been further alleged by the complainant that the opposite parties Nos.1 to 3 did not settle the claim of the complainant until such time of filing of this petition of the complainant. Consequently the complainant filed this complaint praying for relief for payment of total loss as per covered value of the vehicle, i. e. the current price of the vehicle alongwith damages for the loss of business on account of non-settlement of the claim due to serious negligence on the part of opposite parties Nos.1 to 3 hereinafter referred to as Insurers.

(3.) The objections raised by the learned Advocate on behalf of the insurers inter alia are that the proceeding is not maintainable as there is no deficiency in service on the part of opposite parties Nos.1 to 3 and that the issues involved in the matter requires elaborate oral and documentary evidences which is not possible to adjudicate other than the Civil Court. And on this count, the said opposite parties, referred to two decisions, firstly, the case of M/s. Special Machine V/s. P. N. B., 1991 1 CPR 52 and another case of Kongaru Anantha Ram V/s. Family Super Market Janata Bazar and Others,1991 1 CPR 300(SC Hyderabad ). Further, the insurers contended and/or alleged that the driving licence of the driver of the captioned trekker was defective and was not in accordance with the Motor Vehicles Act and the Rules in force. The insurers further alleged that the permit of the captioned vehicle was also not valid. And finally, the insurers strongly relied upon the final survey report submitted on 1.7.91 by the surveyors, M/s. Commercial Surveyor and Salvager Bureau. Accordingly, the insurers prayed for dismissal of the complaint.