Karnataka

StateCommission

A/2149/2016

Future Generali India Insurance Co.Ltd. - Complainant(s)

Versus

Anantharaju T.A. - Opp.Party(s)

Manoj Kumar M.R.

10 Jan 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

 

DATED THIS THE 10^TH DAY OF JANUARY 2022

 

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 2149/2016

 

Future Generali India Insurance Co. Ltd. Rep. By its Authorised Signatory, No.31, 3rd Floor, Above Croma Showroom, Shravanee Krishna Mansion, 100 feet Road, 2nd Block, Jayanagar, Bangalore-560 011. (By Sri. Manoj Kumar M.R.) V/s	……Appellant
Anantharaju T.A. S/o. Appannaiah, "Mahaveer Anugraha", 8th Main, 2nd Cross, Ashokanagar, Tumkur	..…Respondent

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This appeal is filed against the order dated 18.05.2016 passed in C.C.No.8/2015 on the file of District Consumer Disputes Redressal Forum, Tumkur.

2. It is the case of the complainant that he is the owner of the Toyota Car bearing registration No.KA-06-N-2591 and the said car was insured with OP No. 2 through OP No.1.  The said insurance policy is a comprehensive policy bearing No.2014-V-2785834-FPV and the policy was valid from 10.01.2014 to 09.01.2015.  The complainant further submitted that due to heavy rain on 20.08.2014 the complainant’s car was embedded in the rain water and thereby the car stopped at Srinagara Tumkur town on service road, NH-4 road between APMC-HMT Tumkur.  The authorised dealer of Toyota Ravindu Motors Pvt. Ltd. Tumkur and the surveyor of the OPs have inspected the vehicle and the dealer has estimated Rs.9,53,052/- as costs of repair.  The OPs have not settled the claim amount.  Hence, the complaint seeking reliefs.
3. On service of notice OP No. 1 did not appear before the District Forum and he is placed ex-parte.  OP No. 2 in its version admitting issuance of policy to complainant pleaded that the liability of the OP is limited under the terms and conditions and also under Section 64VB of Insurance Act.  The complainant has not taken proper care and caution to safe guard the insured vehicle at the time of alleged incident i.e., on 20.08.2014, the complainant was rash and negligent in his driving.  The insured vehicle was driven in service road which is filled with water on that day due to sole negligence of the complainant entered to the road and insured vehicle was flooded with the water and car was stopped due to water logging.  Further submitted that the liability has been fixed at Rs.1,82,959/- subject to submission of original bills and payment receipts.  The complainant violated the terms and conditions mentioned in the policy and thus, dismissal of complaint.
4. The District Forum on the basis of the pleadings and evidence led in by both the parties deemed it fit to allow the complaint in part by directing OP to pay Rs.5,30,000/- to the complainant together with interest at the rate of 9% p.a. from the date of complaint till realisation and directed to pay Rs.10,000/- towards compensation.
5. Being aggrieved by the order OP/ insurance company is in appeal.  None appears for the respondent.  Heard the counsel for insurer/ appellant.
6. The District Forum said to have awarded Rs.5,30,000/- to the complainant as against surveyor report.  It appears model is of the year 2012 and in the year 2014 car was stopped due to water logging.  Assessment of surveyor is at Rs.1,82,952/-.  Since, there is also some contributory negligence on the part of complainant in maintaining the vehicle, in modification of the order of the District Forum, amount awarded at Rs.5,30,000/- is reduced to Rs.2,50,000/- with interest at the rate of 6% p.a. from the date of complaint till payment.  Accordingly, the appeal is allowed in part.
7. Amount in deposit is directed to be transmitted to the District Forum to do needful.

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President

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Judicial Member

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