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2017 Supreme(HP) 1086
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Justice P.S. Rana ®, President, Mr. Vijay Pal Khachi, Member, Ms. Meena Verma, Member.
Oriental Insurance Company Limited - Appellant
Versus
Dinesh Chander - Respondent
First Appeal No. 258 of 2016
Decided On : 03-03-2017
Mr. Anil Tomar, Advocate, for the Appellant; Mr. Rakesh Thakur, Advocate, for the Respondent
The importance of providing sufficient evidence to support claims and the rejection of assertions without proof.
Headnote:
Insurance - Consumer Protection Act - 1986, Section 12, Section 13(4)(iii) - The court discussed the insurance claim filed by the complainant for damage to his JCB machine. The insurance company repudiated the claim on the grounds of the driver not possessing a valid license and the vehicle being driven by an unauthorized person. The court found that the insurance company failed to provide sufficient evidence to support their claims, and upheld the decision of the District Forum to award compensation to the complainant.
Fact of the Case:
The complainant, a contractor, filed a complaint under the Consumer Protection Act, claiming insurance for damage to his JCB machine. The insurance company repudiated the claim, citing the driver's lack of a valid license and the vehicle being driven by an unauthorized person.
Finding of the Court:
The court found that the insurance company failed to provide sufficient evidence to support their claims, and upheld the decision of the District Forum to award compensation to the complainant.
Issues: The issues included the validity of the insurance claim, the driver's license status, and the presence of an unauthorized person driving the vehicle.
Ratio Decidendi: The court held that the insurance company failed to provide adequate evidence to support their claims, and drew adverse inferences against the company for withholding evidence of material witnesses. The court also emphasized the importance of proving facts with evidence and rejected the insurance company's claims based on assertions without proof.
Final Decision: The appeal was dismissed, and the order of the District Forum was affirmed. Parties were left to bear their own costs.
ORDER
Justice P.S. Rana (R) President —Present appeal is filed under section 15 of Consumer Protection Act 1986 against order passed by Learned District Forum in consumer complaint No.289 of 2012 title Dinesh Chander v. Oriental Insurance Company Limited decided on 22.04.2016.
Brief facts of Case :
2. Complainant namely Dinesh Chander filed complaint under section 12 of Consumer Protection Act 1986 pleaded therein that complainant is contractor by profession and in order to run his profession smoothly he owns escorts JCB machine having engine No. 0705892. It is pleaded that JCB was insured with insurance company for a sum of Rs.9,80,000/-. It is pleaded that in the year 2011 said JCB machine met with accident on dated 16.04.2011 at place Deothi near Solan and damage was caused to vehicle. It is pleaded that vehicle at the time of accident was duly insured with opposite party. It is further pleaded that criminal complaint was also filed in police post Saproon. It is further pleaded that insurance company appointed surveyor who assessed the loss. It is pleaded that complainant submitted all original bills relating to repair of vehicle to the insurance company. It is further pleaded that insurance company repudiated complainant. Complainant sought relief for a sum of Rs.2,18,454.50/- along with interest @ 12% per annum from the date of accident till payment.
3. Per contra version filed on behalf of opposite party pleaded therein that driver of vehicle at the time of accident did not possess valid and effective driving licence.
It is pleaded that complainant did not approach District Forum with clean hands and suppressed material facts. It is further pleaded that vehicle was plied in violation of insurance policy and in contravention of Motor Vehicle Act and Rules. It is pleaded that complainant is estopped from filing complaint due to his own act and conduct. It is pleaded that unauthorized person was driving JCB at the time of accident namely Bhupinder. Prayer for dismissal of complaint sought.
4. Learned District Forum allowed the complaint and ordered opposite party to pay a sum of Rs.79,400/- along with interest @ 9% per annum from the date of filing of complaint till actual payment. In addition learned District Forum further ordered opposite party to pay a sum of Rs.20,000/- to the complainant on account of harassment and mental agony. Learned District Forum further ordered that opposite party will also pay litigation costs to the tune of Rs.10,000/- to the complainant.
5. Feeling aggrieved against order passed by Learned District Forum insurance company filed present appeal before State Commission.
6. We have heard learned advocates appearing on behalf of parties and we have also perused entire record carefully.
7. Following points arises for determination in present appeal.
1. Whether appeal filed by the appellant is liable to be accepted as mentioned in memorandum of grounds of appeal.
2. Final order.
Findings upon point No.1 with reasons:
8. Complainant filed affidavit in evidence. There is recital in affidavit that JCB machine was insured with opposite party for a sum of Rs.9,80,000/- in the year 2011. There is further recital in affidavit that vehicle met with accident on dated 16.04.2011 at place Deothi near Solan and heavy damage was caused to the machine. There is further recital in affidavit that at the time of accident vehicle was duly insured with insurance company. There is further recital in the affidavit that first information report was filed in police post Saproon and matter was also reported to insurance company. There is further recital in affidavit that insurance company appointed surveyor who prepared report. There is further recital in affidavit that total bills of Rs.218454.50/- were submitted to insurance company. It is further pleaded that insurance company repudiated claim.
9. Per contra opposite party also filed affidavit of Prem Nath Senior Divisional Manager in evidence. There is recital in affid
