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Judgment
V.K. Jain, J
The complainant / petitioner owned a truck, which he had got insured with the respondent for the period from 12.11.2013 to 11.11.2014. His case is that on 26.11.2013, the bonnet of the truck all of a sudden caught fire, as a result of which the truck got burnt into ashes. The matter was reported to the concerned police station. The claim lodged by the petitioner, however was not paid. Being aggrieved he approached the concerned District Forum by way of a consumer complaint.
The complaint was resisted by the respondent, which admitted the insurance of the truck with it but resisted the complaint inter-alia on the ground that the complainant had already got the same truck insured with New India Assurance Company Ltd. for the period from 30.1.2013 to 29.01.2014, declaring IDV of Rs.4.00 lacs. On the other hand, the IDV declared by him while taking insurance cover with the respondent was Rs.8.00 lacs, which according to the insurer, indicating fraudulent intention on the part of the petitioner / complainant. It was also alleged in the written version filed by the insurer that the driver of the truck was not holding a valid and effective driving license. It was further claimed by the insurer that the investigation carried out by Mr. G.G. Patil, Investigator had revealed that no such accidental fire had taken place and that the complainant had intentionally burnt some parts of the truck and given a false complaint to the police with a malafide intention to claim compensation.
The District Forum having dismissed the complaint, the petitioner approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, the petitioner is before this Commission.
No explanation has been given by the petitioner / complainant for obtaining a second insurance cover for the same vehicle from the respondent when he had already got the same insured with New India Assurance Company Ltd. The insurance cover taken from New India Assurance Company Ltd. admittedly was not disclosed by him to the respondent, while taking the second insurance cover from it. Thus, a material fact was concealed by the petitioner / complainant from the insurer, while obtaining the insurance cover. Had the petitioner / complainant disclosed to the respondent that he already possessed a valid and subsisting insurance cover with respect to the subject vehicle, the respondent obviously would not have given a second cover for the same vehicle to him.
More importantly, while taking insurance cover form New India Assurance Company Ltd., the petitioner / complainant declared the IDV of the vehicle at Rs.4.00 lacs. On the other hand, the IDV of the same vehicle was declared by him at Rs.8.00 lacs, while taking the insurance cover from the respondent. This clearly betrays a fraudulent intention on behalf of the petitioner / complainant. The said conduct of the complainant / petitioner becomes more important in view of the report of the investigator who reported that this was not a case of an accidental fire but was a case of deliberately burning some part of the vehicle in order to claim compensation from the insurer.
This is also the finding of the fora below that the driver of the vehicle was not holding a valid driving license at the time the vehicle allegedly met with an accident. There is discrepancy with respect to the name of the driver recorded on the driving license filed by the petitioner and the name noted in the FIR lodged with the concerned police station. In the FIR, the name of the driver was given as Raju Chidanand Tubachimathad, resident of Raghavendra Colony, Khasbag, Belagavi, Tq. Belagavi, whereas the name and address given in the driving license is Raju Tubachi, son of Chidanand, resident of Shikhahatti, TQ Athani, District Belgaum, Modern MDS Belgaum.
For the reasons stated hereinabove, I find no ground to interfere with the order passed by the fora below. The revision petition being devoid of any merit is hereby dismissed, with no order as to costs.