IMPORTANT POINT
Contractual obligations under vehicle insurance policy are specific and can only be discharged as per terms and conditions of policy.

JUDGMENT

Dr. Sudhir Kumar Jain, Member.—Briefly stated relevant facts of the case are that the petitioner/the complainant/Sangeeta Agrawal (hereinafter referred to as “the petitioner”) and her husband namely Sanjay Kumar Agrawal are engaged in the business of transport. Sanjay Kumar Agrawal is the registered owner of truck bearing registration no CG 15 AC 0114 (hereinafter referred to as “the vehicle”). The petitioner was the owner of the vehicle but subsequently it was transferred in the name of Sanjay Kumar Agrawal at the time of Participation in a transport tender. The complete insurance of in respect of the vehicle was done by the respondent/the opposite party/United India Insurance Company Limited (hereinafter referred as to as “the respondent”) and was obtained in the petitioner for the policy period with effect from 30.11.2012, to 29.11.2013. The respondent at the time of securing the insurance policy mentioned the name of the petitioner in the cover note and as such the insurance of the vehicle was in the name of the petitioner. The petitioner and her husband Sanjay Kumar Agrawal had paid insurance premium amounting to Rs.28,287 to the respondent and the vehicle on basis of the assessed value was insured for a sum of Rs.12,00,000. The vehicle during the insurance period on 27.04.2013 met with an accident and the vehicle was put on fire by few persons. The vehicle was completely got burnt. The petitioner immediately informed the respondent about the incident within the prescribed time limit as stipulated in the insurance policy terms. Following the intimation, the opposite party instructed the complainant to submit the claim form along with all relevant expenditure details and supporting documentation. The petitioner was asked to submit claim form along with expenditure details and the petitioner within the stipulated time frame submitted the comprehensive claim along with necessary documents such as registration certificate, insurance papers, licence of the driver and copy of FIR on 25.10.2013. The petitioner requested the respondent to settle claim for the total loss amounting to Rs.12,00,000. The respondent vide letter dated 8.08.2014 rejected the claim of the petitioner. The petitioner approached the respondent several times for payment of insurance claim of Rs.12,00,000 but the respondent avoided payment of insurance claim. The petitioner being aggrieved by the rejection of insurance claim filed the present consumer complaint bearing no C.C./2015/40 titled as Sangeeta Agrawal v. United India Insurance Company Limited under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as “the Act”) before the District Consumer Disputes Redressal Forum, Sarguja, Chhattisgarh (hereinafter referred to as “the District Forum”). The petitioner prayed for payment of compensation of Rs.12,00,000 as insured claim by the respondent besides payment of Rs.50,000 for the mental harassment along with interest @ 9% from the date of accident till realization.

2. The respondent file written statement to the complaint before the District Forum wherein stated that the respondent insured the vehicle under the terms and conditions of the insurance policy in the name of the petitioner for the period with effect from 30.11.2012 to 29.11.2013 for insured value for Rs.12,00,000. The respondent initiated the proper claim investigation procedure by appointing Harjeet Singh as the spot surveyor to conduct an immediate assessment of the incident location after receipt of intimation regarding the accident and final comprehensive survey of the damaged vehicle was conducted by surveyor Rajiv Dausage who assessed the damage of the vehicle on the basis of the total loss and salvage value of Rs.2,90,000 was deducted from the insured amount of Rs.12,00,000 and as such Rs.9,10,000 was actual loss and the eligible for settlement. The petitioner voluntarily furnished a written undertaking to the respondent whereby agreed to retain the salvage f