By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The gist of the complaint is as follows.<br /> <br /> The Complainant is the owner of an Omini Van numbered KL 12/B 3372. The Opposite Parties are the insurer of the vehicle. The terms and condition as per the insurance policy is that the vehicle is insured for a period of one year commencing from 4.06.2003. The terms and conditions are affirmed in the policy given to the Complainant. On 26.10.2003 while the Complainant was on his way from Mysore to Bathery at a palace in Gundilpetta Police<br /> (Contd.......2)<br /> - 2 -<br /> limit the vehicle met with an accident. The Complainant sustained serious injury and the vehicle was also damaged in the accident. Towards the repair of the vehicle it was estimated that an approximate amount of Rs.2,00,000/- was to be spent, the Complainant was also under treatment, Rs. 2,00,000/- spent for the medical treatment of the Complainant. The Opposite Parties were informed of the accident and the request for the claim was not positively treated. The Opposite Parties rejected the claim of the Complainant opting flimsy frivolous reasons. The Complainant is to be given Rs.2,00,000/- as the treatment charges. Towards damages of the vehicle the Opposite Party has to give Rs.2,00,000/-. The Complainant is also entitled for Rs.90,000/- towards the compensation including cost..<br /> <br /> The Opposite Parties filed version on their appearance. The Complainant cannot claim as a consumer and no protection in that respect is entitled. The Omini Van No.KL 12/B 3372 was insured with the Opposite Party as per the Policy No.760604/31/03/01287 valued from 04.06.2003 to 03.06.2004. The Complainant was the holder of the policy where as the Omini Van No.KL12/B 3372 was transferred to C.R. Soman without informing the Opposite <br /> Party. The Opposite Party has no contract with the Complainant as per GR 17 of motor <br /> Tariff. The claim is repudiated in that respect the Complainant is not entitled to get Rs.90,000/- towards the mental and physical loss if sustained. The damages for the vehicle Rs.2,00,000/- and compensation of Rs.2,00,000/- as claimed by the Complainant is without any reason and justification. The Surveyor asses cash lose liability Rs.90,475/-. In the reasons aforesaid the petition is to be dismissed with cost to the Opposite Party. <br /> <br /> The points in consideration are.<br /> 1.Is there any deficiency in service on the part of the Opposite Parties?<br /> 2.Relief and costs.<br /> (Contd......3)<br /> 3 -<br /> Point No.1:<br /> The Complainant is examined as PW1. Ext.A1 is the insurance policy issued to the Complainant. The policy covers the period from 12 O' Clock on 04.06.2003 to midnight of 3.06.2004. As per the terms and conditions in Ext.A1 the limit for personal accident is Rs.2,00,000/- for Owner/Driver and the premium is also remitted by the Complainant as per the Ext.A1(a). The Commercial vehicle package policy section 1 indemnifies the insured against loss or damage to the vehicle as per the terms of the policy. The Complainant met with an accident. The crime No.168/03 by Gundilpetta Police reiterated the accident which occurred on 27.10.2003. Ext.A2 is the F.I.R. The attested photo copy of the certificate of registration of the vehicle No.KL 12/B 3372 is marked as Ext.A3 subject to proof. The Complainant is having a valid driving license, the attested photo copy of the driving license produced is marked as Ext.A4. The name of the permit holder is the Complainant himself and Ext.A5 is the permit. The Complainant had undergone treatment for the injury sustained. The vehicle involved in the accident had serious damages. Ext.A10 is the estimate issued for the repair of the vehicle No. KL 12/B 3372. The price of the spare parts Rs.1,61,749/- the toying <br /> charge and re-fixing are Rs.39,500/- in total as per Ext.A10 Rs.2,01,249/- is the amount estimated for the Complainant. The Opposite Party No.2 is examined as OPW1. The accident is admitted by the Opposite Party. The repudiation claim is on the ground that the vehicle is transferred to an another person without informing the Opposite Party. The vehicle is having personal insurance and the policy prevails the period also. Ext.B1 is the claim intimation of motor accident and Ext.B2 is the claim form. The Opposite Party has not produced any documents to substantiate their contention and in support of the claim repudiated. More over the burden on the part of the Opposite Party to bring forth evidence in support of them is not done. If the transference effected it would have been endorsed in RC book and RC<br /> <br /> (Contd........4)<br /> - 4 - <br /> particulars showing that effect is not produced. The repudiation of the claim with respect to damage of the vehicle is a deficiency in service. The point No.1 is found in favour of the Complainant. <br /> <br /> Point No.2:<br /> The Complainant underwent injuries in accident. Ext.B3 is the policy of commercial vehicle package section 1 indemnifies the insured against loss or damage to the vehicle injured and or its accessories in accident. The section 4 exemplifies personal accident cover for owner- driver. Here in the limit the coverage as per which the owner-driver if succumbed to death or any permanent total disabilities the insured can claim the amount. The insured had not sustained any injury to come within the ambit of the personal accident to get the compensation in that respect. The vehicle was in the make of 2002 and the accident was in the year 2003 the depreciation of the value of the vehicle exceeding one year up to two year is 10% from the actual price. The relief remaining for the Complainant is to get indemnified for the damages caused to the vehicle in the accident. Ext. A10 is the assessed amount estimated for the repair of the vehicle. The estimate in nutshell for the repair of the <br /> vehicle is assessed Rs.1,61,749/- , the labour charges is Rs.39,500/-. The Opposite Party has <br /> not made any report of the surveyor for the estimated expenses for the repair of the vehicle. In the absence of any contrary report of estimated expense, required for repair, the assessed amount is to be relied on. The Opposite Party has to give the Complainant the estimated amount of Rs.2,01,249/- to the Complainant. The Complainant has to file the complaint to redress the grievances for which compensation together with cost to be paid.<br /> <br /> In the result, the complaint is partly allowed the Opposite Party is directed to give the Complainant Rs.2,01,249/- (Rupees Two Lakh One thousand Two hundred and Forty <br /> (Contd....... 5)<br /> - 5 -<br /> Nine only) towards the insurance amount along with compensation of Rs.3,000/- (Rupees Three thousand only) and together cost of Rs.2,000/- (Rupees Two thousand only) to the Complainant within one month from the date of this order. In case of any failure on the part of the Opposite Party the Complainant is entitled to execute this order as per the provisions of law.<br /> <br /> Pronounced in open Forum on this the 7th day of January 2008.<br /> <br /> <br /> PRESIDENT: Sd/-<br /> <br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> <br /> <br /> <br /> RESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witnesses for Complainant:<br /> <br /> PW1. Babu Complainant.<br /> <br /> Witnesses for Opposite Parties:<br /> <br /> OPW1. K.P. Raghavan. Manager, New India Assurance Company.<br /> <br /> Exhibits for Complainant:<br /> <br /> A1.(4 Sheets) Insurance Policy.<br /> A1(a) Schedule of premium <br /> A2. First Information Report (Photo copy).<br /> A3. Copy of Certificate of Registration. dt:04.06.2002.<br /> A4.(5 Sheets) Copy of Driving License.<br /> A5. Copy of Permit. dt:18.06.2002.<br /> A6. Copy of Accident Register- Cum Wound <br /> Certificate. Dt:07.11.2003.<br /> <br /> A7. Discharge Certificate. <br /> (Contd.......6)<br /> 6 -<br /> <br /> A8 Series. Medical Bill.<br /> A9.Series. Copy of X-Ray.<br /> A10.(7 Sheets) Estimate. dt:01.11.2003.<br /> A11. Copy of Motor Vehicles Accident Report. dt:29.10.2003.<br /> A12 (2 Sheets) Copy of Motor Claim Form. dt:07.11.2002.<br /> <br /> <br /> Exhibits for Opposite Parties:<br /> <br /> B1. Copy of Motor Accident Claim Intimation. dt:31.10.2003.<br /> B2 (2 Sheets) Copy of Motor Claim Form. dt:07.11.2003.<br /> B3. (3 Sheets). Policy conditions.<br /> <br /> <br /> <br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> <br /> <br /> <br />