TARUN CHOUDHARY Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Complainant is the appellant preferred the appeal against the order dated 3.7.2003 passed by District Forum, Purnea in Complaint Case No.61/2000 whereby dismissed the complaint.

(2.) The brief fact of the case is that his vehicle registration No. BEK-4535 financed by R. K. Udyog, Calcutta was insured with the Oriental Insurance Company Ltd. (hereinafter referred to as Insurance Company)-respondent for the period 1994. The said vehicle while coming from Araria to Purnea met with an accident in order to save sudden appearance of an animal on the road. The complainant informed the local Thana regarding the accident (Annexure-1) and local office of the Insurance Company and lodged a claim. The local office registered the claim case and directed to take steps for repair of the vehicle. The Insurance Company appointed Surveyor and in the supervision of the authority of the Insurance Company the vehicle was repaired as per requirement. The complainant submitted the bill incurred in connection with the repair of the vehicle in the office of the respondent. The Surveyor appointed by the Insurance company had also submitted his report. The Insurance Company demanded the required papers which was submitted by the complainant for the settlement of the claim (Annexure-2 ). The contention of the complainant is that he has already deposited the relevant papers of the vehicle with the Insurance Company but he again deposited those papers on 24.4.2002 as per demand which was received (Annexure-3 ). The complainant sent several reminders but nothing was heard from the Insurance Company with regard to his claim. Thereafter the complainant sent the notice to the Insurance Company and filed the case before the District Forum.

(3.) The case of the Insurance Company is that no date of accident was mentioned by the complainant in his claim. The complainant in spite of reminders failed to produce the relevant papers for the settlement of the claim. The conduct of the complainant showed that the alleged accident was doubtful and the claim was vexatious and false. The complainant failed to produce any police report in the matter. No evidence was produced by the complainant disclosing any date of accident in the quantum of damage nor the report of the police about the alleged occurrence. The complainant produced annexures which are photo copies and failed to produce the original documents which shows that he has falsely made the claim.