IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 26^th day of September, 2014.

Present : Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member-I)

Smt. Sheela Jacob (Member-II)

C.C.No.02/2014 (Filed on 01.01.2014)

Between:

Balakrishnan. M.N,

Deepu Bhavan,

Kurampala South.P.O.,

Pin – 689 501.

(By Adv. P. Hariharan Nair)                              …..   Complainant

And:

1. Sriram General Insurance Co. Ltd.,

Rep. by its General Manager,

E-8, E.P.I.P, RI ICO, Sitapura,

Jaipur, Rajastan – 302 022.

1. Manager,

Shriram General Insurance Co. Ltd.,

Amman Kovil Road,

Ernakulam South,

Pin – 682 011.

1. Manager,

Sriram General Insurance Co. Ltd.,

Pathanamthitta Branch,

Nanthiyathu Plaza,

Near S.P. Office, College Junction,

Pathanamthitta – 689 645.

(By Adv. Agi Joseph for opps.1 to 3)               ….. Opposite parties

O R D E R

Smt. Sheela Jacob (Member):

              Complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

              2. The complainant’s case is that he is the registered owner of a Tata Lorry bearing registration No.KL-07 M/7450. The said vehicle is insured with the opposite parties from 15-12-2011 to 14-12-2012 vide policy No. is 419011/31/12/007247 for Rs.1,98,000/- by paying premium amount of Rs.15,900/-.  The income from the vehicle is the only source of the complainant’s livelihood. While so, on 10-06-2012 the said vehicle caught fire and destroyed, while it was in a workshop for repairs. The incident was reported at Nooranad Police Station and the Kerala Fire Force.   The incident was reported to the third opposite party also.  On 12-06-2012, Mr.Manu, the surveyor of the second opposite party visited the spot and inspected the vehicle and assessed the loss. On 23-07-2012 the first opposite party sent a registered notice to the complainant for producing certain documents. The complainant submitted the relevant documents as demanded by the opposite party. There after the complainant contacted the opposite party several times. But they have rejected the claim of the complainant on flimsy grounds. There after, the complainant sent a legal notice to the opposite party on 18-12-2012 demanding the claim. Though opposite parties received the notice, they have not given any reply or honoured the complainant’s claim. The above said act of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and they are liable to the complainant for the same. Hence this complaint for the realization of the complainant’s claim for Rs.1,98,000/- with 18% interest from the opposite parties along with compensation of Rs.50,000/- for mental agony and financial loss and Rs.10,000/- as cost.

               3. In this case, opposite parties entered appearance and filed their version with the following main contentions. The opposite parties denied all the averments and contentions that are made by the complainant in this complaint. This complaint is filed with baseless allegations of deficiency in service without any documentary evidence in support of the complainant’s allegations. Opposite parties admitted the validity of the policy in question. The opposite parties suspected that whether the complainant was the real owner at the time of accident.

               4. The complainant kept his vehicle in a workshop for repairing, the fire was caused due to the negligence of the repairer. The complainant violated the terms and conditions of the policy by not intimating about the incident to the opposite parties.  So the opposite parties could not make any survey or enquired about the cause of fire.  So the complaint is not maintainable. There is no cause of action in favour of the complaint. 

                5. On 07-08-2012 the opposite parties has given a repudiation letter to the complainant stating their inability to honour the claim. With the above contentions, opposite parties prays for the dismissal of the complaint with their cost as they have not committed any deficiency in service as alleged by the complainant.

               6. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not.

               7. The evidence of this complaint consists of the deposition of PW1 and Exts. A1 to A10 and Ext.C1. Though the opposite parties filed their version they have not adduced any oral or documentary evidence in their favour. After closure of the evidence, the complainant was heard as the opposite parties are not present or represented during the hearing.

                8. The point:- The complainant’s case is that he is the owner of a Tata Lorry bearing registration No.KL-07 M/7450.  The said vehicle is insured with the opposite party vide policy No.419011/31/12/007247 for the period from 15-12-2011 to 14-12-2012.  While so on 10-06-2012 the said vehicle caught fire and destroyed while it was in a workshop for repairs. There after the complainant claimed the insured amount of Rs.1,98,000/- from the opposite parties as the policy is valid. But the opposite parties repudiated the claim by saying that the complainant kept his vehicle in a work shop for repairing and the fire was caused due to the negligence of the repairer and the incident was not intimated immediately to the opposite parties.  The repudiation of the complainant’s claim by the opposite party is a clear deficiency in service. Hence opposite party is liable to the complainant for the same.

                 9. In order to prove the case of the complaint, complainant filed proof affidavit and the complainant was examined as PW1 and the documents produced are marked as Exts. A1 to A10(b) and Ext C1. Ext A1 is the photo copy of the R.C. Book of the vehicle. Ext A2 is the copy of the policy certificate No.419011/31/12/007247 for the period from 15-12-2011 to 14-12-2012 in the name of the complainant. Ext A3 is the copy of goods carriage permit of the vehicle. Ext A4 is the copy of the report of Fire and Rescue Station, Kayamkulam dated 10-06-2014. Ext A5 is the copy of G.D entry of Nooranad Police Station dated 16-06-2012. Ext A6 is the copy of quotation given by Hari Sree Metal Works chunakkara dated 22-06-2012. Ext A7 is the registered notice dated 23-07-2012 issued by the 1^st opposite party in the name of the complainant. Ext A8 is the office copy of the Advocate notice dated 18-12-2012 issued for the complainant in the name of the opposite party. Ext.A9, A9(a), A9(b) are the postal receipts and Ext A10, A10(a) and A10(b) are the acknowledgment cards of Ext.A8 Advocate notice. Ext.C1 is the copy of the survey report dated 02-08-2012.

               10. On the other hand, the contention of the opposite party is that after the incident complainant lodged a motor claim before the opposite party. Complainant’s vehicle was kept in a workshop for repairing and the fire was caused due to the negligence of the repairers. The complainant violated the terms and conditions of the policy not intimating immediately about the incident to the opposite party. So the opposite parties could not make any survey or enquiry about the cause of fire. So the claim of the complainant ought to have been rejected for the violation of policy conditions. So the complainant is not entitled to claim any amount. So they argued that there is no deficiency in service from the part of the opposite party.

               11. In order to prove the case of the opposite party, they have not adduced any oral or documentary evidence in their favour. But they have cross examined PW1. In the cross examination, the opposite party could not prove that the complainant has not intimated the incident in time. Therefore, we have gone through the evidences adduced by the complainant and found that the allegation of non intimation is false as the insurance surveyor has visited the spot on the 2^nd day of the incident itself.

               12. Ext.C1 is the survey report dated 12-6-2012 prepared by Manu, who is the insurance surveyor, who is deputed by the opposite parties. In that report, it is stated that at the time of accident the lorry was garaged in Mr.Peethambaran’s Workshop at Chunakkara for repairing and painting works and on 10-06-2012 the vehicle caught fire and destroyed and he further stated that it is a genuine fire accident and it is a genuine claim. As per the survey report the amount of loss assessed is Rs.1,37,000/-.  Ext A1 the R.C. Book and Ext.A3 the goods carriage permit shows that the complainant is the owner of the said vehicle . Ext.A4 the report of Fire and Rescue Station Kayamkulam stated that they reached spot and setout the fire.  Ext.A5 the G.D.entry and Ext C1 survey report also shows that the complainant intimated the incident immediately to the opposite parties as well as the other authorities.  On 12-06-2012 the surveyor inspected the vehicle as deputed by the opposite parties.

               13. Therefore we find that the complainant’s claim is genuine and he is entitled to get the insured amount as there is a valid policy on the date of incident. So the repudiation of the complainants claim by the opposite party cannot be justified.  Therefore, this complaint is allowable.

                14. In the result, this complaint is allowed thereby opposite parties are directed to pay a sum of Rs.1,37,000/- (Rupees One Lakh Thirty Seven Thousand only) with 7% interest from the date of filing of this complaint, as assessed by the surveyor under salvage loss basis, along with Rs.10,000/- (Rupees Ten Thousand only) as compensation and Rs.2,500/- (Rupees Two Thousand Five hundred only) as cost to the complainant within 20 days from the date of receipt of this order failing which the complainant is allowed to realize the whole amount ordered herein above with 9% interest from today till the realization of the whole amount.

                Declared in the Open Forum on this the 26^th day of September, 2014.

                                                                                      (Sd/-)

                                                                                Sheela Jacob,

                                                                                  (Member II)

Sri. Jacob Stephen (President)           :      (Sd/-)

Smt. K.P. Padmasree (Member – I)     :      (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Balakrishnan

Exhibits marked on the side of the complainant:

A1    :  Photo copy of the R.C. Book of the complainant.

A2    : Photocopy of the policy certificate No.419011/31/12/  

          007247 for the period from 15-12-2011to 14-12-2012 in the  

          name of the complainant.

A3    : Copy of Goods Carriage Permit.

A4    : Photocopy of the report of Fire and Rescue Station,  

          Kayamkulam dated 10-06-2014.

A5    : Photocopy of G.D entry of Nooranad Police Station dated  

          16-06-2012.

A6    :  Photocopy of quotations given by the Hari Sree Metal  

           Works chunakkara dated 22-06-2012.

A7    : Registered notice dated 23-07-2012 issued by the 1^st  

          opposite party in the name of the complainant.

A8    :  Office copy of the Advocate notice dated 18-12-2012  

           issued by the complainant in the name of the opposite  

           party.

A9 series: Postal receipts of Ext.A8

A10 series :  Acknowledgment cards of Ext.A8

Witness examined on the side of the opposite parties:

Exhibits marked on the side of the opposite parties:

Court Exhibits:

C1  :  Survey Report

                                                                                  (By Order)

                                                                                       (Sd/-)

                                                                  Senior Superintendent.

Copy to:- (1) Balakrishnan. M.N, Deepu Bhavan, Kurampala  

                    South.P.O., Pin – 689 501.

1. General Manager, Sriram General Insurance Co. Ltd.,

            E-8, E.P.I.P, RI ICO, Sitapura, Jaipur,

            Rajastan – 302 022.

1. Manager, Shriram General Insurance Co. Ltd.,

            Amman Kovil Road, Ernakulam South,

            Pin – 682 011.

1. Manager, Sriram General Insurance Co. Ltd.,

            Pathanamthitta Branch, Nanthiyathu Plaza,

            Near S.P. Office, College Junction,

            Pathanamthitta – 689 645.

       (5) The Stock File.