BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
F.A.No.747 OF 2011 AGAINST C.C.NO.794 OF 2009 DISTRICT FORUM-I HYDERABAD
Between:
1. The Branch Manager,
ICICI Lombard General Insurance Co.Ltd.,
Bhuvana Towers, 301, 5th Secunderabad
2. The General Manager
General Insurance Co.,Ltd.
Regd.Off: ICICI Bank Towers,
Bandia Kurla Complex,
1. Mr.A.Damodar Reddy S/o A.Lakshma Reddy
Age 35 years, Occ: Business, R/o H.No.5-5-218
Plot No.398, Prasanth Nagar, Vanasthalipuram
Hyderabad
2. The Sales Manager,
Doosan International India Pvt Ltd.,
121, 3rde block White House
Greenland, Begumpet, Hyderabad-016
Counsel for the Appellant
Counsel for the Respondent
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
WEDNESDAY
Oral Order (As per Sri R.Lakshminarasimha Rao, Hon’ble Member)
***
1. `18,77,060.70 `20,00,000/- and`10,000/- and costs.
2. `25,20,000/- on 7.10.2008 from the second respondent-company and the compressor was burnt within 23 days of its purchase on 1.11.2008 at Sairam Theater, Malkajigiri, R.R.District. On receiving intimation, the appellant deputed surveyor, N.S.Gangi reddy who submitted his report. The first respondent got repaired the compressor with the second respondent by paying an amount of`18,77,060/- on 10.12.2008. The appellant repudiated the claim on 3.03.2009 on the premise that the compressor was burnt due to internal burning of the vehicle. The first respondent got issued notice dated 27.4.2009 claiming the amount and the appellant issued reply on 25.05.2009 denying their liability to pay the amount.
3. `18,77,060/-.The second respondent did not inform the appellant to make re-inspection of the compressor and partial burning of compressor due to electrical or mechanical failure falls under purview of manufacturer’ warranty. Even if the repair costs are considered as`18,77,060/-, as per the terms of the policy the damage has to be construed as constructive total loss since costs of repairs are more than 75% of IDV and the appellant sought for direction in case it is treated as total loss. The financier is competent to claim the insured amount.
4.
5.
6.
7. `25,20,000/-.The first respondent contended that it had informed the appellant about the accident on 1.11.2008 whereas the appellant submitted that the first respondent informed it about the accident on 5.11.2008 . The District Forum had mistaken the service job card as the survey report and held that the intimation of the accident was given to the appellant on 1.11.2008.
8.
9.
“On 13.11.2008 Mr.R.Jayachandran of ICICI Lombard General Insurance, Pondy have visited to our Pondy works.
Air End dismantled for identify extent of damage due to fire occurred carbon deposit found inside all parts got affected.
All hoses, ant rumble valve, Auto Blow Down Valve, discharge pipe, minimum pressure valve etc., all valves got melted due to fire, details parts to be replaced is given separately.
Assembled machine completely and dispatched.
Hence therefore we have submitting our proforma invoice for your reference.
10.
11. `23,94,000/- and will have right to take back the insured compressor. The District Forum held that the plea of constructive total loss is for the fisrt time taken by the appellant in its additional written version and the first respondent had already got repaired the compressor which if directed to be given to the appellant as part of settlement on total constructive loss, the first respondent would suffer as it had already paid the amount.12. `18,77,060/- which is proved by the invoice issued by the second respondent and the District Forum also awarded interest on the amount form the date of claim filed by the first respondent.13.
14. 5.11.2008 after four days of the date of the accident. The District Forum had not taken the act of shifting the compressor without informing the appellant, while awarding interest from the date of claim. The first respondent cannot claim interest from the date of claim as it had deprived the appellant opportunity to assess the loss immediately after the accident occurred. Similarly, the first respondent being a company is not entitled to claim compensation on account of mental tension. The relief granted awarding compensation for suffering mental tension is set aside. The interest is awarded from the date of filing complaint.
15. `18,77,060/- with interest @ 9% p.a .from the date of filing of complaint till payment and costs of`2,000/-.
కె.ఎం.కె*
