By Smt. C.S. Sulekha Beevi, President,<br /> 1. Complainant is aggrieved that opposite party repudiated his claim to reimburse an amount of Rs.4440/- paid by him to Kerala State Electricity Board for the damages caused to property of Kerala State Electricity Board which arose out of an accident involving the bus owned by complainant.<br /> <br /> 2. Opposite party filed version admitting the policy is stated that any complaint for property damages can be filed only before Motor Accidents Claims Tribunal. That complainant has not produced any documents to prove accident and damages. That there is no deficiency in service and complaint is liable to be set aside.<br /> <br /> 3. Evidence in this case consists of the affidavit filed by both sides. Exts.A1 to A5 marked on the side of complainant.<br /> <br /> 4. According to complainant bus No.KL10/B-6273 owned by her hit an electric post No.K.P.153 on 17-01-03. The Assistant Engineer gave her an estimate for Rs.4440/- with respect to loss caused to Kerala state Electricity Board. Exts.A3 is the estimate. Ext.A4 is the receipt issued by Kerala State Electricity Board for payment of the above amount. On 27-03-03 complainant preferred a claim before opposite party. Ext.A5 is the repudiation letter issued by opposite party. The reason for repudiation is that the claim for third party property damage should be settled only through Motor Accidents Claims Tribunal. Under section 166(1) of Motor Vehicle Act, 1988 insured cannot file an application before Motor Accident Claim Tribunal. So any claim by the insured can be entertained by Consumer Forum. The question is whether complainant is entitled to enter into a settlement with third party and thereafter claim reimbursement from the Company Condition No.1 in page 2 of Ext.A1 policy states that company is entitled to notice of the accident. Condition No.2 states that, no admission, offer promise payment or indemnity shall be made by or on behalf of the insured without the written consent of the Company. Complainant has neither given notice of accident nor taken written consent from opposite party before entering into settlement. Complainant has thus violated the conditions of the policy. We hold for the above reasons opposite party is not liable to pay and there is no deficiency in service.<br /> <br /> 5. In the result, complaint dismissed with no order as to costs.<br /> Dated this 6th day of February, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> APPENDIX<br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A5<br /> Ext.A1(a) : Commercial Vehicles Package Policy.<br /> Ext.A1(b) : Photo copy of the policy schedule.<br /> Ext.A2 : Photo copy of the Certificate of Registration regarding <br /> the vehicle No.KL10/B-6273<br /> Ext.A3 : Sanctioned Estimate dated, 17-1-2003.<br /> Ext.A4 : Receipt issued by Kerala State Electricity Board for<br /> payment of Rs.4440/-<br /> Ext.A5 : Repudiation letter dated, 30-6-2003 issued by opposite party. <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER