::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.83/2017.
Date of filing: 25.11.2017.
Date of disposal: 14.03.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President.
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Hanifa Bee W/o Moinuddin Thakur,
Age: 70 years, Occ: Agriculture And Business,
R/o R/o Hulsur Tq: Baswakalan Dist: Bidar.
(By Sri. Subhash V.Gabadi, Adv.)
VERSUS
OPPONENT/S: 1) Authorized Signatory IFFCO-TOKIO
General Insurance Company Ltd.
C/o Sri Sharthi, Towers 5th floor,
#141,3rd Main, East of NGEF Layout,
Kasturi Nagar, Bangalore-560043 (Karnataka).
2) Authorized Signatory IFFCO-TOKIO
General Insurance Company Ltd.
Branch-Shiva Nagar south Noubad Road
Bidar-585402.
(Exparte.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant is before us filing a complaint u/s 12 of the C.P.Act,1986, alleging deficiency of service in the part of the opponents.
The sum total of her complaint is as hereunder.
2. The complainant states that, she is the registered owner of John Deere Tractor bearing Regn.No.AP-25 P 5682 and Trailer No.KA-56-T 0656. The tractor and Trailer were under valid insurance cover vide Ex.P.17 bearing No.98675308, date of validity 27.06.2016 to 26.06.2017. The I.D.V. of the Tractor was Rs.2,00,000/- and that of the Trailer Rs.60,000/- and the policy was a comprehensive one. An additional premium of Rs.100/- was collected insuring the owner-driver. The vehicle was for agricultural operation.
3. The complainant further avers that, on 06.06.2017, while the Tractor-Trailer was being driven by a valid D.L. holder Ikram (Ex.P.5) from the field to her home, the tyre of the tractor got burst and in the process, loosing control, the Tractor dashed against an approaching car of the complainant (before Police) causing injuries to several occupants of both vehicles and the Tractor was damaged due to the impact. A police case was filed and registered in jurisdictional Hulsoor Police Station, Basavakalyan vide Cr.No.71/2017 alleging offences u/s 279,337,338 I.P.C.
4. It is in the further averments of the complainant that she informed the O.P. insurer who deputed a surveyor for inspection, and as per the advise of the insurer, she removed the motor vehicle from the spot of accident to be repaired and the surveyor concerned assured to submit a report to the Insurer. Accordingly, the M.V. was removed and was entrusted to the authorised dealer of the tractor manuufacturer, who in turn has repaired the vehicle with spare parts and labor charges and the complainant claims the same to the tune of Rs.2,00,000/-. Inspite of lodging the claim, the Insurer (O.P.s) rebutting the claim that four persons were travelling in the tractor inspite of one authorized, she is before us vide this complaint.
5. In spite of being served with the notice, the opponents had preferred not to participate in the proceedings and hence they were placed exparte vide orders date.30.12.2017. Even after that, the O.P.s never come forward to contest or make submissions in the case and hence, we have to accept the contentions of the complainant on the face value. There is no necessity of fixing points of consideration and we proceed to pass the following order:-
6. The complainant has produced documents vide Ex.P.6 to P 15 substantiating the fact that, she has incurred an expenditure of Rs.1,59,814.53 ps to restore her her tractor to be functional. Further more, the accident was force-majeure and nothing is evident from the related police report that, some other persons were travelling on the Tractor. Even other wise a tractor trailer engaged in agriculture operation at times has to carry labors etc. for such work and that would not be a ground to refute the claim. The opponents be saddled with the repair cost compensations and denial of just claim, interest and litigation expenses and hence we pass the following:-
::ORDER::
- The complaint is allowed in part.
- The opponents are jointly and severally directed to pay a sum of Rs.1,59,814.53 (rounded up to Rs.1,60,000/-) together with interest @ 12% p.a. from the date of accident till realisation;
- The opponents are further directed to pay a compensation ofRs.10,000/- together with litigation expenses of Rs.5,000/-.
- Acting u/s 14(1)(f) of the Consumer Protection Act,1986, we direct the O.P.s to refrain from repeating the denial of just claim.
- Four weeks time granted to comply this order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 14th day of March 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Ex.P.1- C.c. of F.I.R. and complaint in Cr.No.70/2017 of Hulsoor P.S.
- Ex.P.2– C.C. of crime details form.
- Ex.P.3– Attested copy of R.C. of Tractor bearing No. AP 25 P 5682.
- Ex.P.4—Attested copy of R.C. of Trailer No.KA-56T 0656.
- Ex.P.5- Attested copy of driving licence of Sri Ikram.
- Ex.P.6 to 15- Copies of repair bills.
- Ex.P.16-Repudiation letter.
- Ex.P.17- Insurance certificate.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Smt. Hanifa (complainant)
Opponent.
-Nil-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
