The complainant / respondent owned a vehicle which she had got insured with the petitioner company.  The case of the petitioner is that on 11.08.2012 when the aforesaid vehicle was being driven on express highway it suddenly started giving less smoke from the exhaust and also starting giving jerks.  The speed of the vehicle also started slowing down on its own.  At that point of time the vehicle hit a stone causing damage to the lower front grill, left side lamps and completely stopped. 

2.      On intimation being given to the petitioner, a surveyor was pointed to assess the loss suffered by the complainant.  The surveyor vide his report dated 30.08.2012 assessed the loss at Rs.43,7565/-  for the damage on account of external factor, but did not recommend any payment for the damages caused due to engine/mechanical breakdown.  Being aggrieved the complainant approached the concerned District Forum by way of a consumer complaint.

3.      The complaint was resisted by the petitioner primarily on the ground that the surveyor had rightly assessed the damage on account of external impact while rejecting the damage caused to the internal parts due to the mechanical failure or break down which were expressly excluded under the terms of the policy.

4.      The District Forum ruled in favour of the complainant and directed as under:-

“2.   The opponents shall repair the car and handover it to the complainant in roadworthy condition.

3.     The O.P.No.1/Insurance Company shall bear the repairing charges.

4.     The O.P.No.1 & 2 shall pay compensation of Rs.20,000/- (Rs.Twenty Thousand Only) each to the complainant as compensation for mental harassment.

5.     The O.P.No.1 & 2 shall pay of Rs.5,000/- (Rs.Five Thousand Only) each to the complainant as cost of this proceeding.”

5.      Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal.  The said appeal having been dismissed, the petitioner is before this Commission by way of this revision petition. 

6.      The insurance policy to the extent it is relevant reads as under:-

“SECTION – I LOSS OF / OR DAMAGE TO THE VEHICLE INSURED

1.       The Company will indemnify the insured against loss or damage to the vehicle insured hereunder and/or its accessories whilst thereon

I.       by fire explosion self ignition or lightning;

II.      by burglary housebreaking or theft;

III.     by riot and strike;

Iv.      By earthquake (fire and shock damage):

v.       by flood typhoon hurricane storm tempest inundation cyclone hailstorm frost;

vi.      by accidental external means;

vii.     by malicious act;

viii.    by terrorist activity

ix.      whilst in transit by road rail inland-water may lift elevator or air;

x.       by landslide rockslide.

2.       The company shall not be liable to make any payment in respect of :-

(a)     consequential loss, depreciation, wear and tear, mechanical or electrical breakdown, failures of breakages;”

7.      It would thus be seen that under the policy issued by it, the petitioner is not liable to reimburse the complainant for the damage sustained by the vehicle on account of a mechanical or electrical break-down.  This is complainant’s own case in the intimation given to the insurer that while the vehicle was being driven on the highway it suddenly started giving less smoke besides giving jerks and its speed started slowing down on its own.  The surveyor also opined that the aforesaid was a case of engine/mechanical breakdown.  The petitioner is not liable to reimburse the complainant for the damage which can be attributed solely to the mechanical breakdown of the vehicle, though it is liable to reimburse her for the damage suffered on account of the vehicle having hit a stone.  Though in the assessment of the surveyor, the damage suffered on account of the vehicle having hit a stone was only to the extent of Rs.43,756/- after application of depreciation, admittedly the survey report was not filed before the District Forum.  As a result, the complainant had no opportunity to rebut the said surveyor report.  It therefore becomes necessary to remit the matter back to the District Forum to decide the complaint afresh after giving an opportunity to the petitioner to file affidavit of the surveyor with an opportunity to the complainant/respondent to cross-examine him and also produce such evidence as may be desired by her in order to rebut the report of the surveyor. 

8.      The impugned orders are, therefore, set aside and the matter is remitted back to the District Forum with a direction to decide the complaint afresh in terms of this order.  The petitioner shall file affidavit of the surveyor before the District Forum within 8 weeks from today and shall produce him for cross-examination on such date as may be fixed by the District Forum for this purpose.  The complainant is granted liberty to produce such evidence including expert evidence as may be desired by her to rebut the report of the surveyor.  After examining the surveyor and considering the evidence if any produced by the complainant, the District Forum shall decide the complaint afresh. 

9.      It is made clear that the complainant will be entitled to reimbursement only in respect of damages which can be attributed to the factors other than mechanical breakdown.  It will not be duty of the insurer to repair the vehicle though it will be duty bound to pay such compensation as may be awarded by the District Forum in respect of the damages to the vehicle on account of its having hit by a stone or any other factor other than a mechanical failure.  The parties are directed to appear before the District Forum on 10.01.2019.  The District Forum is directed to decide the complaint afresh within three months from the date of appearance of the parties before it.   

10.    It is made clear that the complainant will be entitled to reimbursement only to the extent of the cost of repairs as on the date of the accident, alongwith appropriate interest on that amount. 

11.    The amount which was deposited with the District Forum in terms of the interim order of this Commission shall continue to remain deposited with the District Forum and the final order with regard to disbursal of the said amount shall be passed by the District Forum while deciding the complaint afresh in terms of this order. 

13.    The conveyance charges which has not been paid to the complainant shall be sent to her by way of DD/Pay Order/Cheque within three weeks from today.