By Smt. C. S. Sulekha Beevi, President,

1. Complainant who is the registered owner of KL11-P/7257 Toyota Qualis vehicle had availed insurance policy for the vehicle from opposite party. During the currency of the policy on 22-6-2008 the vehicle met with an accident by Collission with another motor cycle. The vehicle sustained heavy damage. On intimation of the accident the Malappuram Police registered Crime No.425/2008. Complainant intimated the accident to opposite party also. But opposite party failed to come to the spot or conduct any inspection of the vehicle. Complainant thereafter took the vehicle to the workshop and carried out the repairs. He had to pay Rs.4811.62 to the Malabar Automobiles workshop on 07-7-2008. Rs.17,800/- was spend as price for parts purchased. Rs.13,500/- was paid towards labour charges. Though complainant preferred a claim to opposite party it was repudiated raising false and untenable contentions. Complainant alleges deficiency in service. Hence this complaint.

2. Opposite party filed version admitting the issuance of insurance policy for the vehicle for the relevant period. It is submitted that on receiving intimation of the accident an investigator was appointed. The investigator had reported that at the time of accident the vehicle was used as a commercial vehicle. That the complainant had sold the vehicle to one Abdul Razack, S/o Mohammed Pulikkalath on 10-9-20078 and that this Abdul Razack had sold the vehicle to one Mohammed Nissar, S/o Aboobacker. The accident happened when the vehicle was under the ownership of Mohammed Nissar. Opposite party contends that complainant lost the insurable interest upon the vehicle and therefore opposite party is not bound to indemnify the complainant. Opposite party sought amendment of the pleadings as per I.A.434/09. It was then submitted that without prejudice to the contentions raised by opposite party the claim of the complainant is submitted to be baseless. That opposite party had appointed a qualified surveyor and the amount assessed by the surveyor is Rs.17,929/-. That in any case the complainant is entitled only to this amount. That opposite party has not committed any deficiency in service.

3. Evidence consists of the proof affidavit filed by complainant and Exts.A1 to A6 marked for complainant. Opposite party filed counter affidavit. Exts.B1 to B4 marked for opposite party.

4. Points for consideration:-

(i) Whether opposite party is deficient in service.

(ii) If so, reliefs and costs.

 

5. Point (i):-

Complainant is aggrieved that opposite party failed to indemnify the loss sustained on account of damage to his vehicle in an accident. The policy is admitted by opposite party. The policy stands in the name of complainant. It is the case of opposite party that complainant has sold the vehicle to another on 10-9-2007 and thus the complainant has lost insurable interest upon the vehicle. Though opposite party contends that complainant has sold the vehicle apart from the vague affirmation there is no evidence to support the contention. Ext.A2 is the photo copy of the Registration certificate which stands in the name of complainant. Opposite party does not dispute that the Registration Certificate and Insurance Certificate of the vehicle stands in the name of complainant. Though opposite party contends that an investigation was conducted no report of such investigation is placed as part of records. Further opposite party has neither examined the investigator nor his affidavit filed. In the absence of any reliable evidence we are unable to accept the contention of opposite party that complainant has sold the vehicle and has lost insurable interest upon it. It is crystal clear that the claim was dishonored by opposite party on flimsy grounds. Such act of opposite party amounts to deficiency in service. We find opposite party deficient in service.

6. Point (ii):-

Complainant claims for Rs.36,111.62 being the amount spend by him for repair of the vehicle. Ext.A4 and A5 are the bills and documents produced by complainant to support his claim. But the owner of the workshop who seems to have issued Ext.A4 and A5 series are not examined on the side of complainant. Hence we do not give any credit to these documents. It is submitted by opposite party that the surveyor has assessed the net liability to be Rs.17,929/-. Complainant has not controverted this submission in the affidavit filed by him. We therefore consider that complainant is entitled to this amount of Rs.17,929/-. He is to be compensated for the deficiency also. In our view interest @ 9% per annum from the date of complaint till payment together with cost of Rs.1,500/- would meet the ends of justice.

7. In the result, we allow the complaint and order that opposite party shall pay to the complainant Rs.17,929/- (Rupees Seventeen thousand, nine hundred and twenty nine only) along with interest @ 9% per annum from the date of complaint till payment together with costs of Rs.1,500/- (Rupees One thousand five hundred only) within one month from the date of receipt of copy of this order.

Dated this 12th day of January, 2010.

C.S. SULEKHA BEEVI, PRESIDENT

MOHAMMED MUSTAFA KOOTHRADAN,

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A6

Ext.A1 : Photo copy of the First Information Report dated, 23-6-2008 prepared by

Mohandas R, Head Clerk, Malappuram Police Station.

Ext.A2 : Photo copy of the Registration Certificate in respect of vehicle No.KL11-P/7257

Ext.A3 : Photo copy of the Certificate cum Policy Schedule

Ext.A4 : Photo copy of the Bill dated, 07-7-2008 for Rs.20,025/- from Malabar

Automobiles in respect of vehicle No.KL11-P/7257.

Ext.A5 : Photo copy of the Bill dated, 07-7-2008 for Rs.13, 800/- from Malabar

Automobiles in respect of vehicle No.KL11-P/7257.

Ext.A6 : Letter dated, 23-7-2008 from opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Ext.B1 to B4

Ext.B1 : Claim form for Motor Vehicle submitted by complainant opposite party.

Ext.B2 : Photo copy of the First Information Report dated, 23-6-2008 prepared by

Mohandas R, Head Clerk, Malappuram Police Station.

Ext.B3 : Quotation dated, 30-6-2008 from Rohini Motor Work Shop.

Ext.B4 : Carbon copy of the Bill dated, 07-7-2008 for Rs.20,025/- from Malabar

Automobiles in respect of vehicle No.KL11-P/7257.

C.S. SULEKHA BEEVI, PRESIDENT

MOHAMMED MUSTAFA KOOTHRADAN, MEMBER

E. AYISHAKUTTY, MEMBER