PRAVIN M.UTTARWAR vs NEW INDIA ASSURANCE CO. LTD.

THIS complaint is about the deficiency in the service of the Insurance Company. The complainant had insured Maruti Van No. MH-32-A-8502 with the New India Assurance Company Ltd. The policy was valid for the period between 7.8.89 to 6.8.90. The value of the vehicle was shown in the policy for Rs. 1,05,000/- and a premium of Rs. 1,495/- was paid by the complainant. The said vehicle was involved in an accident on 17.6.90 resulting in the total loss of the vehicle. The Driver was killed in the accident. The complainant lodged the claim with the opposite party No. 1 on 18.6.90. The survey of the vehicle was made by the Insurance Company and reported that there was a total loss of the vehicle for Rs. 92,000/-. When the consent of the complainant was obtained by the Surveyor and had submitted his report to the Insurance Company, in July, 1990, despite repeated requests and reminders from the complainant no claim was settled by .the opposite party No. 1. Finally, the complainant served a legal notice dated 8.3.91 through his Advocate. Ultimately, by communication dated 18.4.91, the opposite party No. 1 repudiated the complainant''s claim of compensation. Hence this complaint filed by the complainant claiming Rs. 1,55,500/- with interest @ 18% p.a, as compensation.

NOTICE u/Sec. 13(2) of the C.P. Act, 1986 was served on the opposite parties but opposite party No. 2 as a consequence of that notice today filed the respective version denying the claim of the complainant. Inter alia, the opposite party No. 2 raised technical objections regarding the maintainability of this complaint and denied its liability as the contract of insurance was with opposite party No. 1. No written version was filed by opposite party No. 1, the New India Assurance Company despite having received this Commission''s notice u/Sec. 13(2) of the Consumer Protection Act, 1986 on 20.9.1991. The postal acknowledgement is on record duly signed by the opposite party No. 1 at Exh. ''1''. The complaint was fixed for hearing on 18.11.91 and the notices of the hearing were sent to both the parties. The opposite party No. 1 did not attend the hearing on 18.11.91. The complaint was again fixed for hearing on 4.3.92 and, fresh notices were issued to both the opposite parties. Both the opposite parties received the said notice for attending the hearing on 4.3.92. The postal acknowledgement duly signed by the opposite party No. 1 is at Ex. ''2''. and postal acknowledgement of having received by opposite party is at Ex. ''3''. None appeared for the opposite parties today. Hence, we proceeded ex-pare against the opposite parties.

The complainant filed his affidavit duly sworn in before the notary on 1.3.92. In his affidavit the complainant has verified all the allegations made in the complaint. We. therefore, hold that the allegations made by the complainant in this complaint are proved duly supported by sworn affidavit. There is no reason to disbelieve the sworn affidavit of the complainant. We have, therefore, no other alternative but to allow the complaint of the complainant for the grant of relief which he has claimed.

THE complainant has claimed that his total loss of the vehicle was assessed at Rs. 92,000/- by the Surveyor. THE complainant has also claimed Rs. 10,000/- as loss of interest and Rs. 52,000/- as loss of income and Rs. 1500/- misc. expenses. We do not find that the claim of the complainant besides the total loss of motor vehicle is proved. Hence, we are inclined to accept the total loss of complainant for Rs. 92,000/- and reject the claim of the complainant for the rest amount of compensation. It is found from the record that the motor vehicle in question was insured with opposite party No.1, the New India Assurance Company and the Oriental Insurance Company had no contractual relationship with the complainant. Hence we pass the following order: ORDER THE Opposite Party No. 1, the New India Assurance Company Ltd., M.G. Road, Bombay shall settle the claim of complainant for Rs. 92,000/- within a period of two months from the date of this order and shall take steps to pay the amount of compensation to the complainant. If the aforesaid amount is not paid as directed, the amount shall carry interest at the rate of 18% p.a. till realisation. Complaint allowed. _______________