Insurance company told to pay Rs 9.35L to harvester owner

Yamunanagar, March 31

The District Consumer Disputes Redressal Commission (DCDRC), Yamunanagar, has told an insurance company to pay Rs 9,35,636 to the owner of a harvester combine machine, which met with an accident in Chhattisgarh.

The amount includes Rs 6,25,636 as repair expenditure, Rs 1,35,000, an amount incurred to bring the accidental harvester from Chhattisgarh to Punjab and Rs 1,75,000 as payment of punitive damages to compensate the complainant in all heads.

The order was passed by president of the DCDRC Gulab Singh, members Jasvinder Singh and Sarvjeet Kaur recently.

The complainant Gulab Singh of Bibipur Jattan village of Karnal district was the registered owner of the harvester combine machine.

The harvester was insured by the opponent (insurance company) for the period from August 31, 2018 to August 30, 2019.

However, the harvester met with an accident in Chhattisgarh on November 12, 2018, and a daily diary report (DDR) was recorded in a police station in Chhattisgarh.

The complainant intimated the accident to the opponent and the opponent vide letter dated November 15, 2018, asked the complainant to bring the damaged harvester to the nearest garage and confirm to it with the estimate so that it may appoint the surveyor for assessment of loss.

The complainant brought the harvester at a workshop in Samana of Patiala (Punjab) from Chhattisgarh and paid charges of Rs 1,35,000 to a transport company on November 16, 2018.

Thereafter, a surveyor of the opponent did a spot visit where the harvester was parked and the workshop workers mechanically examined and prepared an estimate of repair amounting to Rs 9,46,000.

The complainant informed the fact of repair to the surveyor of the opponent, who according to the version approved the repair of the harvester and ultimately, the repair expenditure in the sum of Rs 6, 25,636 incurred by him.

Thereafter, he raised the claim of Rs 6,25,636 (as repair expenditure) and an amount of Rs 1,35,000 (amount incurred to bring the accidental harvester from Chhattisgarh to Punjab), but the opponent didn’t bother.

Having no other alternative, he sent a legal notice to the opponent on April 15, 2019, and the opponent, despite the receipt of legal notice failed to make payment of the claim amount to him.

Inaction

The complainant informed the fact of repair to the surveyor of the opponent, who approved the repair of the harvester and ultimately, the repair expenditure . He raised the claim of Rs 6,25,636 and an amount of Rs 1,35,000 (amount incurred to bring the accidental harvester from Chhattisgarh to Punjab), but the opponent didn’t bother.