ORIENTAL INSURANCE CO LTD Vs. HAJARI LAL JAT

JUDGEMENT

(1.) The complainant, owner of vehicle No.RJ40PA3391 got it insured with the Oriental Insurance Co. Ltd. for the period from 08-02-2006 to 07-02-2007. On 15-10-2006, the said vehicle intruded in the soil when the complainant was going to Jaipur and had left the vehicle temporarily due to filled up water in the farm. He was unable to take the vehicle out of the soil and, therefore, returned to his house. When he came back after some time the vehicle was found burnt. The fire according to the complainant, could not be extinguished and the vehicle got completely burnt. On intimation having been given to the insurance company a surveyor was appointed to assess the damage to the complainant. The surveyor inspected the vehicle and submitted his report to the insurance company. The claim, however, was not honoured by the insurance company, on the ground that the complainant had not submitted the desired documents in support of the claim preferred by him. The file of the complainant was, therefore, closed as 'no claim'. Being aggrieved the complainant approached the concerned District Forum seeking payment of Rs.13,07,400/- towards his loss on account of burning of the vehicle. He also sought Rs.50,000/- as compensation and Rs.1,100/- as the cost of litigation.

(2.) The complaint was resisted by the insurance company inter alia on the ground that the ICICI Bank which had financed the purchase of the vehicle had not been impleaded as a party to the complaint. It was also stated in the reply that initially the insurance was allowed at the cost of Rs.9,99,400/-. The complainant, thereafter, submitted a letter increasing the cost of the vehicle and also deposited a cheque of Rs.3,921/- towards additional premium. The said cheque, however, was dishonored. It was further stated in the reply that despite letters from the insurance company the complainant had failed to submit the requisite documents for the purpose of verification of his claim.

(3.) Vide its order dated 29-08-2011 the District forum directed the insurance company to deduct a sum of Rs.80,000/- from the total claimed amount of Rs.13,07,400/- and pay the balance amount to the complainant along with interest at the rate of 9% per annum. A sum of Rs.10,000/- was awarded to the complainant towards cost of litigation. The District Forum also directed the complainants to provide all the documents to the insurance company for the purpose of inspection by it.