BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD.

FA.No.1643 OF 2006 AGAINST C.D.NO.83 OF 2004

Between:

1. M/s.Royal Sundaram Alliance Insurance Co. Ltd.,

   Whites Road, Chennai-600 014.

2. The Branch Manager,

   College Road,

Guda Venkata Narasimharao, S/o.Laklshminarayana,

Plot No.7, Visakha “B” Colony,SrikakulamTown

And District.                                                                      

Counsel for the Appellant                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

Counsel for the Respondent: Dr.Triupurana Venkata Ratnam.                                                                                                                                                                   

                 THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER,

TWO THOUSAND EIGHT

Oral Order : 

The brief facts as set out in the complaint are that the complainant purchased a lorry Ashok Leyland 2002 Model which was financed by Sundaram Finance. 20-6-200219-6-2003.    21-11-2003 Subsequently the complainant got issued a legal notice on 5-4-2004 demanding the opposite parties to pay the balance insured amount of Rs.2,51,350/-. 1-5-200321-11-2003

Opposite parties filed counter stating that the surveyor’s report was inconclusive and he was not able to ascertain the reasons for the fire and the entire vehicle was damaged in the accident.  

The District Forum based on the evidence adduced i.e. Exs.A1 to A16 and B1 to B9 allowed the complaint directing opposite parties 1 and 2 to pay Rs.2,20,000/- to the complainant with interest at 12% p.a. from1-5-2003  1-6-200321-11-2003 

Aggrieved by the said order, opposite parties preferred this appeal.

The learned counsel for the appellants/opposite parties also filed written arguments and submitted that if the vehicle is really worth Rs.11,00,000/- and the complainant has insured it for Rs.10,0,000/- then it attracts the clause of under insurance. 20-8-2003, which is marked as Ex.B4. 26-4-200330-4-2003. 

We have perused the material on record. 20-6-200219-6-2003. 26-4-2003  30-4-2003, he has made a claim to the opposite parties and thereafter vide Ex.A11dated8-8-2003 8-8-2003     30-4-200321-11-2003. 5-4-2004.  8-8-2003   26-4-200326-11-2003, therefore the order of the District Forum granting interest for this interim period is justified.    8-8-2003 

In the result this appeal is allowed and the order of the District Forum is modified by directing the opposite parties to pay to the complainant   8-8-2003 

                                                                           Dated 27-11-2008.