BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Wednesday the 26th day of May , 2010
C.C.No.168/08
Between:
D.Khasim Saheb, S/o. D.Hussainappa,
R/o.4-111-2, Sundersingh Colony, Dhone Town and Mandal, Kurnool District. …Complainant
-Vs-
1.Bajaj Allianz General Insurance Company Limited, Represented by its Manager/Office-in-Charge,
H.No.40/356/A, Alankar Plaza, 3rd Floor, Shop No.10, 11, 13, Park Road, Kurnool-518002.
2. Bajaj Allianz General Insurance Company Limited, Represented by its Regional Manager,
G.E. Plaza, Airport Road, H.No.45/A/B, Yerrawada, Pune-411006, Maharastra State.
3. Bajaj Allianz General Insurance Company Limited, Represented by
its Deputy Manager,
T.P.Claims, Far East Plaza, 2nd Floor, Liberty Road, Himayath Nagar,
Hyderabad-29 (Amended as per orders in I.A.No.390/08 dated 17-03-09) …Opposite PartieS
This complaint is coming on this day for orders in the presence of Sri.M.L.Sreenivasa Reddy , Advocate, for complainant , and Sri.P.Ramanjaneyulu, Advocate for opposite party No. 1 and 3 and opposite party No. 2 is called absent set ex-parte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramiah, President)
C.C. No.168/08
1. This complaint is filed under section 12 of the C. P. Act, 1986 praying
a) to pay assured amount of Rs.77,000/- with all benefits and interest at 12% p.a from the date of death of the insured.
b) to award compensation of Rs.10,000/- for causing mental agony and inconvenience suffered by the complainant due to the conduct of the opposite parties and
c) costs of Rs.10,000/- and
d) pass such other reliefs as the Hon’ble Forum may deem fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The complainant is the owner of the motor cycle bearing No. AP 21 P 7809 . The said vehicle was insured with the opposite parties on 14-01-2007 . When the said vehicle was being driven by one G.Thangella Peera , a Tata sumo bearing NO. AP 04 U 7389 driven by its driver in a rash and negligent manner came in opposite direction and dashed motor cycle of the complainant. In the said accident the motor cycle of the complainant was completely damaged and G. Thangella Peera the rider of the motor cycle died. The complainant submitted his claim for the damage of his motor cycle. The said claim of the complainant was repudiated by the opposite parties stating that rider of the motor cycle was not having valid driving license at the time of accident. Hence the complaint.
3. OP.No.2 remained set ex-parte. OP.No.1 and 3 filed written version separately stating that the complainant is not a consumer. It is admitted that the complainant is the owner of the motor cycle. After the accident Mr. E. Mukund was appointed as a surveyor and that he assessed the damage of Rs.25,100/- . He observed that Tangella Peera was not authorized to drive the vehicles for private purpose. The driver of the motor cycle must possess the valid driving license. As deceased Tangella Peera was not having valid driving license at the time of accident , the opposite parties are not liable to pay any compensation to the complainant . There is no deficiency of service on the part of the opposite parties and complaint is liable to be dismissed.
4. On behalf of the complainant Ex. A1 to A6 are marked. On behalf of the opposite parties Ex.B1 to B4 are marked.
5. On the basis of the above pleadings the points that arise for consideration are:
(i) Whether there is any deficiency of service on the part of the
respondents/ opposite parties ?
(ii) Whether the complainant is entitled to the relief as prayed
for?
(iii) To what relief?
6. Both parties filed written arguments.
7. Point No.1 & 2: Admittedly the complainant was the owner of the motor cycle bearing No. 21 P 7809. The said vehicle was insured with the opposite parties. Ex.B1 is the cover note in respect of the motor cycle of the complainant . According to the complainant on 14-01-2007 while Tangella Peera was riding the motor cycle,a Tata sumo bearing No. AP 04 U 7389 driven by its driver in rash and negligent manner dashed against the motor cycle which the deceased was driving near Mangampalli (V) bus stage. The complainant to establish the same relied on Ex.A1 to A3. Ex.A1 is the copy of the FIR in Cr.No.08/07 of Veldurthi P.S. Ex.A2 is the inquest report and Ex.A3 is the copy of the charge sheet in C.C.52/07 on the file of Judicial First Class Magistrate, Dhone . As seen from Ex.A1 to A3 it is very clear that on 14-01-2007 the driver of the Tata sumo drove in negligent manner and dashed against the motor cycle of the complainant which Tangella Peera was riding and due to said accident Tangella Peera received injuries and died. It is not the case of the opposite parties that the accident took place due to negligent riding of the motor cycle by Tangella Peera. Admittedly on the intimation given by the complainant the opposite parties appointed a surveyor to estimate the damage caused to the motor cycle of the complainant. The surveyor visited the damaged motor cycle and filed his report Ex.B4.
8. It is the main contention of the opposite parties that the deceased Tangella Peera who was riding the motor cycle at the time of the accident was not having valid driving license and therefore the opposite parties are not liable to pay any compensation. The complainant filed Ex.A4 driving license of the deceased who was working in the military at the time of the accident. In Ex.A4 it is mentioned that the deceased was competent to drive motor cycle also. Whether the deceased Tangella Peera was having driving license or not is not relevant in this case , for the simple reason that the accident did not take place on account of negligent riding of the motor cycle by the deceased. As already stated it is established by the complainant by filling Ex.A1 to A3 that the accident took place on account of negligent driving of the Tata sumo by its driver. The opposite parties wrongly repudiated the claim of the complainant stating that the deceased Tangella Peera had no valid driving license. There was deficiency of service on the part of the opposite parties.
9. The complainant filed his complaint claiming of Rs.77,000/- being the value of the vehicle. The opposite parties denied that the vehicle of the complainant was totally damaged. Admittedly after the accident E.Mukund was appointed as a surveyor by the opposite parties. He filed Ex.B4 stating that the net loss sustained by the complainant due to the damage of the vehicle is Rs.25,100/-. Therefore I am inclined to award compensation of Rs.25,100/- along with Rs.2,000/- for mental agony to the complainant.
10. Point No:- 3. In the result the complainant is partly allowed directing the opposite parties jointly and severally to pay Rs.25,100/ and also pay Rs.2,000/- as compensation for mental agony and costs of Rs.500/- with interest at 9% from the date of repudiation of the claim i.e, 25-07-2007 till the date of payment.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 26th day of May, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Certified Xerox copy of FIR in Cr.No. 8/07 of Veldurthi P.S.
Ex.A2. Certified Xerox copy of inquest report in Cr.No. 8/07 Veldurthi P.S.
Ex.A3. Certified copy of charge sheet in C.C.52/07 of JFCM, Dhone
Ex.A4. Driving license of the deceased.
Ex.A5. Office copy of legal notice , dated 06-02-2008 along with ack.
Ex.A6. Repudiation letter dated 25-07-2007.
List of exhibits marked for the opposite parties:
Ex.B1. Xerox copy of Motor vehicle cover note dated 13-01-2007.
Ex.B2. Motor Insurance claim form.
Ex.B3. Cash memo dated 20-07-2007 issued by MGB Motor & Auto agencies.
Ex.B4. Motor survey report (final) along with covering letter.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on:
