KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.535/10

JUDGMENT DATED 24/03/2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

 SHRI.S.CHANDRAMOHAN NAIR                             --  MEMBER

The New India Assurance Company Ltd,

KDCB Buildings, Central Junction,

Kollam.                                                                 --  APPELLANT           

   (By Adv.B.Ashok Kumar)

                   Vs.

Biju Skaria,

Kurakunnel House,                                             --  RESPONDENT

Kattappana.P.O, Idukki.

JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellants are the opposite parties/Insurance Company in CC.84/07 in the file of CDRF, Kottayam.  The appellants are under orders to pay the entire claim ie; Rs.5,16,540/- and Rs.750/- towards costs.

          2. The matter is with respect to the own damage claim of the stage carriage owned by the complainant.  It is alleged that the vehicle sustained extensive damages on account of the collusion with an autorikshaw on 4.8.06.  According to the complainant the entire engine block had to be replaced.  The opposite parties did not act on the representation of the complainant and he had to move the High Court of Kerala and the High Court directed the opposite parties to take a decision within 3 weeks.   It is stated that the opposite parties have not considered the claim so far.

          3. The opposite parties have filed version contending that the replacement of the    engine was done unnecessarily and according to the surveyor   the engine could be repaired and no replacement is called for.  The complainant has replaced the engine without the knowledge of the opposite parties and hence they are not liable to the above extent.

          4. The evidence adduced consisted of the proof affidavit of  the respective sides and Exts.A1 to A7, B1 to B3 and X1 series.

          5. We find that it is on account of the inaction on the part of the opposite parties in not approving the estimate supplied by the complainant for effecting repairs and in order to commence the repair works by the complainant moved the High Court.  There is nothing to show that Ext.B2 survey report was provided to the complainant and the complainant was directed to execute only the repairs and not replacement of the engine.  Ext.B2 survey report is dated 28.9.06.   The surveyor has suggested a sum of Rs.1,54,469/- for the repairs + 25% for the  dismantling   of the engine if required.    The total amount   suggested  for repairs and for   dismantling of the engine would work out Rs.1,93,086/-  as per the report of surveyor.  It is evident from the report of the surveyor that the vehicle has sustained extensive damages on the front portion.  It is mentioned by the surveyor that  T.P.autorikshaw  reportedly trapped under the front portion of the bus and was badly damaged.  The driver of the autorikshaw died on the spot.   It is noted in the report   the body front show middle frame and panel dented;  Front windshield glass, grill and front bumper broken.  The front cross member bent; engine cylinder block broken with a hole at right bottom portion, oil sump badly dented and pressed with the oil pump strainer and strainer cut and sub assy radiator and intercooler dented.  As to the contention of the opposite parties/appellant that the replacement of the engine was not required    no expert evidence has been adduced.  Even after the direction of the High Court no specific direction in this regard has been given to the complainant also.

          6. In the circumstances, we find that the contention of the opposite party that replacement of the engine was not required cannot be approved.

          7. We find that   Ext.X1 series  represent the repair/replacement bills which has been summoned from the opposite parties on the application of the complainant.  The bill amounts as noted in Ext.X1 series would work out Rs.4,40,594/-.   As per the report of the surveyor  he has deducted Rs.12,000/- towards 50% depreciation with respect to certain parts, as per the policy.  Rs.9,393/- is liable to be deducted as per the survey report towards salvage.  Rs.1,500/- is mentioned as policy excess.  The above amounts have to be deducted and a sum of Rs.2,500/- has to be added to the claim towards towing etc. charges as assessed by the surveyor.  Hence the total would work out to Rs.3,94,201/-.      The complainant is entitled for the above amount.  The opposite parties/appellants are directed to pay a sum of Rs.3,94,201/- to the complainant with interest at 8% from the date of complaint ie; 23.3.07.  The complainant will be entitled to cost of Rs.5000/-.  The amounts are to be paid within 3 months from the date of receipt of this order failing which the complainant will be entitled for interest at 12% from 24.3.11 the date  of this order.

          Office will forward  the LCR to the  Forum along  with the copy  of this order.

JUSTICE K.R.UDAYABHANU -- PRESIDENT

  S.CHANDRAMOHAN NAIR         -- MEMBER