This C.C. came before us for hearing in the presence of Sri Kolli Satyanarayana, Advocate for complainant and of Sri G. Sita Rama Rao, Advocate for opposite party; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt.V.Vijaya Rekha, Member)
This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts as set out in the complaint are that the complainant is the Proprietor, M/s Sri New Tirumala Granites, Khammam and for his business necessities, purchased L & T Komatsu PC 200 Proclainer and obtained Motor Vehicle Insurance Policy on the same from the opposite party on 28-04-2007 for a sum of Rs.34,61,760/- by paying an amount of Rs.28,669/-as premium, out of which Rs.24,718/- was the own damage premium. The opposite party issued certificate of insurance vide policy No.3008/51679209/00/00. Unfortunately, on 04-02-2008, said proclainer met with an accident and damaged for a sum of Rs.4,22,853/-. Upon which, the opposite party appointed a surveyor and after conducting spot survey, the surveyor submitted his report, there upon, the complainant submitted claim form along with original bills and survey report. Subsequently, on intimation of opposite party, the complainant submitted proof of identity and photographs etc.. Instead of settling the claim, the opposite party addressed a letter vide reference No.GNT/NTR CLM/114/2008, stating that they are unable to honour the claim of the complainant. The complainant further alleges that the opposite party intentionally, repudiated the claim without any reason and there is no response to settle the claim of the complainant in spite of making many correspondences and as such vexed with the attitude of opposite party, the complainant issued legal notice on 01-12-2008 by claiming the insurance amount and as there is no response, the complainant knocked the doors of Consumer Forum by praying to direct the opposite party to pay the claim amount of Rs.4,22,853/- under insurance policy No. 3008/51679209/00/00 and Rs.10,000/- towards damages and costs.
2. Along with the complaint, the complainant filed her affidavit along with photocopies of following documents, which were marked as Exhibits A1 to A11.
Ex.A1 :- Bill dt.12-04-2008, for Rs.3,49,853/-
Ex.A2 :- Bill dt.04-03-2008 for Rs.32,000/-.
Ex.A3 :- Receipt for Rs.2500/-
Ex.A4 :- Bill dt.17-04-2008 for Rs.30,000/-.
Ex.A5 :- Bill No.18 for Rs.8,200/-.
Ex.A6 :- Certificate of Insurance.
Ex.A7 :- Original copy of letter dt.17-07-2008, addressed by the opposite party.
Ex.A8 :- Quotation dt.07-02-2008, for Rs.17,39,355/-, issued by Mitra Earth Movers.
Ex.A9 :- Relieving Certificate dt.06-02-2008
Ex.A10:- Lease Deed dt.30.03.2007.
Ex.A11:- Office copy of legal notice, dt.01-12-2008 with acknowledgement.
3. On being noticed, the opposite party appeared through its counsel and filed counter by denying the averments as mentioned in the complaint.
4. In the counter, the opposite party admitted that it repudiated the claim of the complainant on the ground of breach of trust, which is against the terms and conditions of the policy and further submitted that during the policy confirmation, declared by the complainant as insured’s owned site and as such the opposite party had given 33.33% discount on premium as “confined to owned site” but during the initial inspection of machine, the location site found is not owned by the insured. The accident site, which is belonged to M/s Sri Vinayaka Krupa Granites Quarry, Phirangi Puram, approx.25Kms from Narsarao pet of Guntur District. Therefore, the opposite party declared that they unable to honour the claim on the basis of wrong declaration on machine usage and enjoying 33.33% premium discount as confined to own site and also submitted that whenever the accident site was not owned by the inured, there is no liability on the part o them and prayed to dismiss the complaint with exemplary costs.
5. In support of its averments, the opposite party filed written arguments by reiterating the same averments as mentioned in its counter and along with the written arguments, the opposite party filed the following documents along with a petition, those were marked as Exhibits B1 to B19.
Ex.B1:- Certificate cum Policy Schedule (same was marked as Ex.A6 on behalf of complainant)
Ex.B2:- Photographs of damaged proclainer (Nos. 17).
Ex.B3:- Repudiation Letter dt.17-07-2008. (Same was marked Ex.A7 on behalf of Complnt.)
Ex.B4:- Cover Note of Policy (containing 2pages)
Ex.B5:- Invoice No.2182.
Ex.B6:- Miscellaneous Vehicle package quotation
Ex.B7:- Telephone bill pertaining to the Insured.
Ex.B8:- Claim details of asessment Sheet.
Ex.B9:- Registration Certificate of M/s New Tirumala Granites issued by Department of Industries.
Ex.B10:- PAN card of the Complainant.
Ex.B11:- Form ‘D’, issued by Government of A.P.
Ex.B12:- Household Card of the Insured.
Ex.B13:- Claim Intimation Sheet
Ex.B14:- Motor Spot Survey Report dt.08-02-2008.
Ex.B15:- Claim Form
Ex.B16:- Quotation dt.07-02-2008, issued by Mitra Earth Movers (marked as Ex.A8 on behalf of Complainant )
Ex.B17:- Survey Report (Miscellaneous), Dt.24-05-2008.
Ex.B18:- Original Bills dt.12-04-2008, 04-03-2008, 17-04-2008, Bill No.18 and receipt
dt.07-02-2008 (those were marked as Ex.A1 to A5 on behalf of complainant)
Ex.B19:- Photographs Nos.27
6. In view of the above submissions, now the point that arose for consideration is,
Whether the complainant is entitled to the relief
as prayed for?
Point:-
As seen from the above averments, it is an admitted fact that the complainant had obtained motor vehicle insurance policy from the opposite party on his proclainer, the only dispute is with regard to the accident site, which is at M/s Sri Vinayaka Krupa Granites Quarry, Phirangipuram of Guntur District. According to the averments of complaint, at the time of accident, the policy was in force and claimed the opposite party by submitting all required documents along with spot survey report and as there is no response from the opposite party in settling the claim, approached the forum for redressal. On the other hand, it is the case of the opposite party that as per confirmation of policy, the complainant himself declared the liability as insured’s owned site and after confined to owned site, the opposite party had given discount of the 33.33% on premium and also averred that the alleged accident took place at M/s Sri Vinayaka Krupa Granites Quarry, Phirangipuram of Guntur District and as such there is no responsibility to pay the claimed amount. Upon perusing the documents filed by both the parties, as seen from certificate cum policy schedule, the policy was issued to the complainant to his own site by deducting an amount of 33.33% in premium amount, which is clearly mentioned in the own damage column of the policy and the said document was marked as Exs. A6 & B1 on behalf of complainant and opposite party respectively, therefore, as per the terms and conditions of the policy, the opposite party has only a limited liability to the owned site of the insured and as per Ex.A6 as well as Ex.B1 the liability of the opposite party is limited to the owned site, belonged to the insured, situated at plot No.22 & 23, IDA, Kaikondaigudem of Khammam District but as seen from the Motor Spot Survey Report and Survey Report (Miscellaneous), marked under Exs.B10 and B12, the accident took place at M/s Sri Vinayaka Krupa Granites Quarry, Gollapalem Village, Phirangipuram, Guntur District and moreover as per the lease agreement, which was marked as Ex.A10, on behalf of complainant, the complainant entered into a lease agreement with M/s Sri Vinayaka Krupa Granites Quarry, Phirangipuram and obtained the contract of sub-lease for transportation of Granites Plates for one year and as such it seems that where the damage caused to the proclaimer was not owned site of the complainant. The complainant has not having any right to claim the opposite party as there is no ownership rights and insurance policy on the alleged accident site, which belonged to the M/s Sri Vinayaka Krupa Granites Quarry. Therefore the claim made by the complainant is against the terms and conditions of the policy and as such there is no liability to pay the damages under policy bearing No. 3008/51679209/00/00 on the part of opposite party and the point is answered accordingly against the complainant.
7. In the result, the complaint is dismissed. No costs.
Typed to my dictation, corrected by me and pronounced by us, in this Forum on this day of April, 2013.
FAC President Member
District Consumer Forum, Khammam
APPENDIX OF EVIDENCE
Witnesses examined for complainant and opposite parties: -None-
Exhibits marked for complainant:-
Ex.A1 :- Bill dt.12-04-2008, for Rs.3,49,853/-
Ex.A2 :- Bill dt.04-03-2008 for Rs.32,000/-.
Ex.A3 :- Receipt for Rs.2500/-
Ex.A4 :- Bill dt.17-04-2008 for Rs.30,000/-.
Ex.A5 :- Bill No.18 for Rs.8,200/-.
Ex.A6 :- Certificate of Insurance.
Ex.A7 :- Original copy of letter dt.17-07-2008, addressed by the opposite party.
Ex.A8 :- Quotation dt.07-02-2008, for Rs.17,39,355/-, issued by Mitra Earth Movers.
Ex.A9 :- Relieving Certificate dt.06-02-2008
Ex.A10:- Lease Deed dt.30.03.2007.
Ex.A11:- Office copy of legal notice, dt.01-12-2008 with acknowledgement
Exhibits marked for opposite party:-
Ex.B1:- Certificate cum Policy Schedule (same was marked as Ex.A6 on behalf of complainant)
Ex.B2:- Photographs of damaged proclainer (Nos. 17).
Ex.B3:- Repudiation Letter dt.17-07-2008. (Same was marked Ex.A7 on behalf of Complnt.)
Ex.B4:- Cover Note of Policy (containing 2pages)
Ex.B5:- Invoice No.2182.
Ex.B6:- Miscellaneous Vehicle package quotation
Ex.B7:- Telephone bill pertaining to the Insured.
Ex.B8:- Claim details of asessment Sheet.
Ex.B9:- Registration Certificate of M/s New Tirumala Granites issued by Department of Industries.
Ex.B10:- PAN card of the Complainant.
Ex.B11:- Form ‘D’, issued by Government of A.P.
Ex.B12:- Household Card of the Insured.
Ex.B13:- Claim Intimation Sheet
Ex.B14:- Motor Spot Survey Report dt.08-02-2008.
Ex.B15:- Claim Form
Ex.B16:- Quotation dt.07-02-2008, issued by Mitra Earth Movers (marked as Ex.A8 on behalf of Complainant )
Ex.B17:- Survey Report (Miscellaneous), Dt.24-05-2008.
Ex.B18:- Original Bills dt.12-04-2008, 04-03-2008, 17-04-2008, Bill No.18 and receipt
dt.07-02-2008 (those were marked as Ex.A1 to A5 on behalf of complainant)
Ex.B19:- Photographs Nos.27
FAC President Member
District Consumer Forum, Khammam.
