THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present: Sri. Santhosh Kesavanath P., President Smt. Bindhu M. Thomas, Member Sri. K.N. Radhakrishnan, Member CC. No. 24/2007 Thursday, the 25th day of February, 2010. Petitioner : Baby Antos Parayil House, Edamaruku P.O Melukavumattom (By Adv. Joy Joseph)
Opposite party : 1) National Insurance Co. Ltd. Divisional Office, Thiru-vi-ka Industrial Estate, Guindy Chennai, Reptd. By its Divisinal Manager. The Branch Manager,
National Insurance Co. Ltd. Thodupuzha.
O R D E R
Sri. Santhosh Kesavanath P., President.
Case of the petitioner’s is as follows: Petitioner insured his stage carriage bus bearing register No. KL-7 AF -2938 with the opposite party. Petitioner purchased the vehicle to operate himself to earn his livelihood by means of self employment. Policy of the petitioner is comprehensive insurance policy which damage to the vehicle arising out of any accident. Policy was valid for a period from 24..11..2004 to 23..11..2005. On 24..4..2005, during the policy period, vehicle met with an accident , at Kappad Junction in Kanjirappally Taluk. Police registered a crime as crime No. 130/05. Petitioner preferred a claim to the opposite party through its Thodupuzha branch. Claiming an amount of Rs. 26,761/-. The surveyor assessed the damage and estimated it at Rs. 23,800/-. According to the -2- petitioner opposite party has not processed the claim of the petitioner. Petitioner states that act of the opposite party is a clear deficiency in service. So, petitioner prays for a direction to the opposite party to process the claim of the petitioner and to pay the petitioner an amount of Rs. 26761/- with 18% interest from the date of accident. Petitioner also claims Rs. 25000/- as compensation and cost of the proceedings. Opposite party entered appearance and filed version contenting that petition is not maintainable. According to opposite party running bus service is not sole means of livelihood of the petitioner. So, petitioner is not a consumer and petition is not maintainable. According to the opposite party the petitioner had not preferred any claim before the opposite party and the opposite party was not aware of the accident and there is no cause of action. So, they pray for dismissal of the petition. Points for determinations are: Whether there is deficiency in service on the part of the opposite party/ Relief and costs.
Evidence in this case consists affidavit filed by the petitioner and Ext. A1 to A13 documents on the side of the petitioner. Point No. 1 According to the opposite party petitioner has not preferred any claim before the opposite part and opposite party is not aware of the accident. Petitioner has a definite case that he preferred a claim to the opposite party on 27..5..2005 along with all documents in original. Petitioner has not produced any evidence to prove that he preferred a claim on 27..5..2005. Admittedly the claim of the petitioner was not processed so far. In our view this petition is premature one . So, point No. 1 is found accordingly. Point No. 2 In view of the finding in point No. 1 petitioner is directed to submit duly filled claim form to the opposite party along with the copy of relevant documents. Opposite party on receipt of claim shall process the claim and intimate the same to the petitioner -3- within 45 days from the date of receipt of the claim form. If not so processed the opposite party is liable to pay an amount of Rs. 30,000/- as compensation for the act of deficiency. Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 25th day of February, 2010.
Sri. Santhosh Kesavanath P. President Sd/- Smt. Bindhu M. Thomas, Member Sd/- Sri. K.N. Radhakrishnan, Member Sd/- APPENDIX Documents for the petitioner: Ext. A1: Copy of FIR Ext. A2: Copy of bill Dtd: 27..4..2005 issued by Yathra Body Builders. Ext. A3: Copy of receipt Dtd: 29..4..2005 Ext. A4: Copy of receipt Dtd: 9..5..2005 Ext. A5: Copy of bill No. 1604 Dtd: 3..5..2005 Ext. A6: Copy of bill No. 1605 Dtd: 3..5..2005 Ext. A7: Copy of bill Dtd: 2..5..2005 Ext. A8: Copy of bill Dtd: 6..5..2005 Ext. A9: Copy of Agreement Dtd: 28.4..2005 Ext. A10: Copy of policy schedule Ext. A11: Copy of motor claim form Ext. A12: Copy of translated FIR Ext. A13: Copy of statement of K.N. Krishnankutty. Documents for the Opposite party Nil. By Order,
Senior Superintendent Despatched on / Received on amp/ 5 cs.
| | HONORABLE Bindhu M Thomas, Member | HONORABLE Santhosh Kesava Nath P, PRESIDENT | HONORABLE K.N Radhakrishnan, Member | | 
