KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUHACAUD THIRUVANANTHAPURAM APPEAL NO.80/08 JUDGMENT DATED.11.11.08 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER The New India Assurance Co.Ltd., Branch Office, Manjeri-676121 Rep. by its Deputy Manager, -- APPELLANT Mr.Sukumaran Nair. (By Adv.K.K.M.Sheriff & Ors) Vs. N.Najeeb, S/0 Kunhimohammed, Anthoorathodi House, Aripa.P.O, -- RESPONDENT Angadippuram (via) Malappuram Dist. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the opposite party/Insurance Company that has challenged the order of the Forum in OP.411/01 in the file of CDRF, Malappuram. The appellant is under orders to pay a sum of Rs.12,000/- with interest at 12% per annum with effect from 6.9.01 and cost of Rs.1000/-. It is the case of the complainant that his Hero Honda Motor cycle insured by the opposite party, was hit by a tempo van KL 10-A 4808 when the motorcycle was parked on the side of the Jubilee road, Perinthalmanna on 17.5.01. According to him he contacted the Perinthalmanna Police Station and was told that FIR is not required as no injuries were sustained by him. The matter was reported to the opposite party and a surveyor was appointed. The surveyor suggested a sum of Rs.12,000/- . The wreck was sold at Rs.23,000/- in the presence of the surveyor. The claim was repudiated. It is the case of the appellant that the story of the accident is a cooked up one. The claim is repudiated as according to the appellant the version of accident is fake. The evidence adduced consisted of the testimony of PW1 and Exts. A1 and A2, B1 to B5. No oral evidence was adduced by the opposite party. The Forum has relied on the report of the surveyor ie. Ext.B5. The surveyor has mentioned that on enquiry he came to know that the vehicle was parked on the side of the road. He has mentioned that the vehicle was proceeding to Perinthalmanna from Kunnappally. On the way he parked the vehicle on the side of the road to take rest and at that time the tempo having registration No.KL 10-A 4808 came in rashly, hit and threw off the vehicle. Evidentally, no investigation was conducted by the opposite party and no oral evidence was also adduced. In the circumstances, we find that there is no illegality in the order of the Forum. We find that there is no scope for entertaining the appeal. The appeal is dismissed in-limine. JUSTICE K.R.UDAYABHANU -- PRESIDENT VALSALA SARNGADHARAN -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
