ORDER

The following order of the Commission was delivered by A. K. Tiwari, Acting President:

Being dissatisfied with the order dated 17.07.2017 passed by the District Consumer Disputes Redressal Commission, Rewa (for short ‘District Commission) in C.C.No.198/2016 whereby the complaint filed by complainant/respondent has been allowed, the opposite parties/appellants-Oriental Insurance Company Limited (hereinafter referred to as ‘insurance company’) has filed this appeal.

2. The facts of the case as stated by the complainant/respondent (hereinafter referred to as ‘complainant’) are that his vehicle Tata-Indigo ECS bearing registration number MP-17 CB-1233 was insured with the insurance company for the period w.e.f. 20.11.2014 to 19.11.2015. It is submitted that during the period of insurance cover, the subject vehicle met with an accident on 12.04.2015 at Gud road. The complainant was sitting beside the driver at front seat who sustained serious injuries and got admitted in SGMH Rewa from where he was referred to Jabalpur. It is submitted that on 16.04.2015 when the family members reached the spot they found that engine of the accidental vehicle was misplaced for which an application was given to Police Station-City Kotwali, Rewa wherein the estimated cost of the engine was shown as Rs.55,000/-. The complainant took the subject vehicle to Takaja Motors, Rewa for repairs. The complainant filed a claim on the basis of total loss but the insurance company did not pay the claim. On 16.06.2016 the insurance company informed the complainant that his claim was allowed on total loss basis but the insurance company did not pay the claim on total loss basis. The complainant therefore alleging deficiency in service on part of the insurance company approached the District Commission seeking relief of Rs.5,77,150/-.

3. The opposite parties insurance company in their reply before the District Commission admitting the fact of insurance of vehicle, appointment of surveyor and not paying the claim to the complainant denied the rest of the allegations made in the complaint. It is submitted that after accident to keep safe engine of the vehicle is the responsibility of the complainant. The surveyor instead of assessing the loss on total loss basis has assessed the loss on repair basis. The surveyor has assessed the loss to the extent of Rs.2,60,000/-. The insurance company is ready and willing to pay compensation as per policy terms and conditions. The insurance company has not committed any deficiency in service. It is therefore prayed that the complaint be dismissed with costs.

4. The District Commission allowing the complaint directed the complainant to inform the insurance company about the place where the subject vehicle was parked. The opposite party-insurance company took possession of the subject vehicle from there. The insurance company is directed that after taking possession of the subject vehicle to pay to the complainant Rs.4,82,078/-. It is further directed that if the insurance company shall not pay the said amount within one month, the insurance company is liable to pay interest @ 8% p.a.

on the aforesaid amount from the date of

order till payment. Costs of Rs.1,000/- is also awarded.

5. Heard learned counsel for the parties. Perused the record.

6. Learned counsel for the insurance company argued that if the complainant left the vehicle unattended negligently after accident and if there is any theft of vehicle parts, the insurance company is not liable for the same under the policy terms and conditions. The insurance company is liable to indemnify the damages caused to the subject vehicle in an accident. The complainant left the subject vehicle unattended and did not take reasonable care to safe guard the subject vehicle and due to which some unknown miscreant stolen the engine and battery of the car and therefore the complainant is not entitled to get compensation for the alleged theft of engine and battery. Therefore, the insuran