KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.452/02 JUDGMENT DATED.29.02.08
PRESENT:
JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT
SMT.VALSALA SARANGADHARAN : MEMBER
The New India Assurance Co.Ltd., Divisional Office, No.I, Kottarathil Buildings, Palayam, Thiruvananthapuram : APPELLANT represented by its Divisional Manager.
(By Adv.M.Nizamudeen & Others)
Vs
1.Abdulhakkim, T.C.No.46/296(1), Bhimapalli, Thiruvananthapuram. : RESPONDENTS 2.Chandrika, XII/642, Chemmanuvila, Thiruvallam, Thiruvananthapuram.
JUDGMENT
JUSTICE SRI.K.R.UDAYABHANU: PRESIDENT The appellant is the opposite party/insurance company who has sought for setting aside the order of the Forum awarding a sum of Rs.1 lakh with future interest at 14.5% and Rs.3000/- as compensation and Rs.1500/- as costs. 2. The complainants are the previous owner and the present owner of the Omni Bus that had met with an accident on 14.12.99. The policy was in the name of the previous owner/1st complainant. The policy was transferred in the name of the purchaser/second complainant with effect from 8.6.1999. 3. The appellant/opposite party had contended that as the policy was transferred after the accident they are not liable. They had also repudiated the claim which is for Rs.1,35,000/- whereas the surveyor has estimated only Rs.76,206/- 4. The evidence adduced consisted of the testimony of PW1/2nd complainant and Exts.P1 to P6; DW1 the Branch Manager of the opposite party and DW2 the surveyor and Exts.D1 to D4. 5. The Forum found in favour of the complainant with respect to the transfer of the policy without specifically considering the contention of the appellant. The Forum just awarded a sum of Rs.1 lakh without considering the surveyor report. The surveyor had estimated only a sum of Rs.76,206/- 6. We find that the contention of the counsel of the appellant based on the decision reported in M/s.Complete Insulations (P) Ltd., Vs New India Assurance Co.Ltd., AIR 1996 SC 586 has no merits in view of the subsequent decision, as point out by the counsel for the respondent ie., Shri Narayan Singh Vs New India Assurance Company Ltd., IV (2007) CPJ 289 (NC) and Ajimuddin Vs New India Insurance Co Ltd., III (2006) CPJ 273. It is specified in the above quoted decisions that the Tariff Advisory Committee has issued a circular that the policy will be transferred automatically in favour of the purchaser of the vehicle. In the decisions of the Supreme Court in M/s.Complete Insulations (P) Ltd cases (op.cit) has been quoted in the circular of the Tariff Advisory Committee Rs.1 lakh has also been imposed as a primitive measure by the National Commission for resisting the claim concealing the circular of the Tariff Advisory Committee. Hence we find that the above contention based on the M/s.Complete Insulations (P) Ltd case (op.cit) has no merits. 7. Regarding the quantum of compensation we find that Ext.D1 report of the surveyor has been proved by DW2 the surveyor. Hence we find that the complainant is entitled for the amount as calculated by the surveyor. But we find that in deducting of Rs.1750/- the salvation value from the amount of Rs.78,056/- there is a calculation error. The appropriate figure is Rs.76,306/- The surveyor has mistaken noted the same as Rs.76,206/-. Hence we find that the complainant will be entitled for a sum of Rs.76,306/- with interest at 12% from the date of the complaint. The Forum has awarded interest at 14.5% which has no basis. The second complainant will also be entitled for compensation and cost as awarded by the Forum. With the above modification the appeal is disposed of. The amount shall be paid within 2 months from the date of receipt of this order failing which the complainant will be entitled for interest at 18% from the due date.
In the result the appeal is allowed in part.
JUSTICE SRI.K.R.UDAYABHANU: PRESIDENT
SMT.VALSALA SARANGADHARAN: MEMBER
R.AV | 
