BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 17/12/2011
Date of Order : 31/03/2012
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 703/2011
Between
Joy Francis, | :: | Complainant |
S/o. Francis, Olattupuram House, Kottappuram. P.O., Kodungalloor, Thrissur Dist. |
| (By Adv. K.M. Sreejith) |
And
HDFC Irgo General Insurance Co. Ltd., | :: | Opposite Party |
#4AE, 4th Floor, K.G. Oxford Business Centre, Sreekandath Road, Ravipuram, Kochi – 682 016. |
| (Ex-parte) |
O R D E R
C.K. Lekhamma, Member.
1. The brief facts of the complainant's case are as follows :
The complainant availed a package policy for his TATA ACE Mini lorry with the opposite party. The policy coverage was from 11-05-2009 to 10-05-2010. While so, the said vehicle met with an accident and damaged on 10-01-2010. The matter was communicated to the opposite party and the surveyor assessed the damages of the vehicle. The complainant had to incur Rs. 45,300/- towards repairing charges. He submitted a claim application along with all documents, pertaining to the accident and expenses, to the opposite party. But the opposite party repudiated the claim stating the reason that at the material time of accident, the driver did not have valid badge. According to the complainant, at the time of accident, he himself was driving the vehicle and he had been holding valid badge till 31-05-2012. Therefore, the opposite party committed deficiency in their service. Hence, the complainant approaches this Forum seeking direction against the opposite party to pay the insurance claim of the complainant.
2. The complainant appeared through counsel. Despite receipt of notice from this Forum, the opposite party remained absent during the proceedings. The complainant filed proof affidavit and the documents were marked as Exts. A1 to A6. We have heard the counsel for the complainant.
3. The points that arose for consideration are as follows :
Whether the complainant is entitled to get insurance claim from the opposite party?
Compensation and costs, if any?
4. Point Nos. i. and ii. :- The reason for repudiation of the complainant's claim is that the driver of the vehicle, at the time of the accident, did not have valid badge. Ext. A1 is the copy of F.I.R. As per the said document, the said vehicle met with an accident on 10-01-2010. Ext. A1 F.I.R. does not show the name of the driver at the time of accident. However, in the absence any evidence to the contrary, we are constrained to believe the version of the complainant. Ext. A2 is the copy of repudiation letter. Ext. A3 is the copy of the insurance policy, Ext. A4 is the copy of Registration Certificate and Ext. A5 is the copy of fitness certificate of the vehicle. Ext. A6 is the copy of driving licence of the complainant. Ext. A6 goes to show that the complainant has been holding valid badge till 31-05-2012. The evidence of the complainant remains unchallenged hence, we have no hesitation to hold that the complainant is entitled to get the insurance claim amount from the opposite party. Nothing is before us with regard to the assessment of the damages or the expense incurred for repairing of the vehicle. Ext. A2 evidenced that the opposite party repudiated the complainant's claim in accordance with the opinion of the surveyor by name Mr. B.I. Anshad. Therefore, we direct the opposite party to pay the insurance claim amount in accordance of the survey report. In the facts and circumstances of the case, we are not ordering any compensation. However, the complainant is entitled to get litigation costs from the opposite party, since the opposite party ought to have settle the dispute at the very outset.
5. Accordingly, we allow the complaint in part and direct that the opposite party shall pay the insurance claim amount to the complainant on the basis of survey report together with interest @ 12% p.a. from the date of complaint till payment and also to pay Rs. 1,000/- as litigation costs.
The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.
Pronounced in open Forum on this the 30th day of March 2012.
Forwarded/By Order, Sd/- C.K. Lekhamma, Member. Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the F.I.R. dt. 12-01-2010 |
“ A2 | :: | Copy of the letter dt. 12-03-2010 |
“ A3 | :: | Copy of the Goods Carrying Vehicle Policy. |
“ A4 | :: | Copy of certificate of registration. |
“ A5 | :: | Copy of the fitness certificate |
“ A6 | :: | Copy of the driving licence. |
Opposite party's Exhibits :: Nil
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