KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

                                              APPEAL  NO: 637/2004

                              JUDGMENT DATED:14..05..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

M/s New India Assurance Co. Ltd.,

Silverplaza, Mavoor Road, Calicut,

R/by its Divisional Manager,                                            : APPELLANT

Divisional Office, Palayam, TVPM.

(By Adv:Sri.V.K.Anilkumar)

                        Vs.

1.M.P.Ramesh,

  New Cochin Bakery,

  CSI Bldgs. Bank Road, Kozhikkode.

                                                                                                : RESPONDENTS

2.Managing Director,

  M/s United Cards (P) Ltd, United Towers,

  Kadri Road, Mangalore.

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellant is the 1^st opposite party/insurance company in OP:370/02 in the file of CDRF, Kozhikkode.  The appellant is under orders to pay Rs.12,399/- and a compensation of Rs.5000/- and cost of Rs.500/-.

2. The matter is with respect to the full damage claim of the vehicle admittedly covered the policy issued by the appellant.  The surveyor deputed by the appellant assessed the damages at Rs.2,35,399/-.  The surveyor conducted the final survey also after effecting repairs.  After the final report the appellant effected certain deductions on the ground that the bills of the parts replaced etc were not produced and paid only Rs.2,21,500/-.  Hence the complainant seeking the balance amount also.

3. The evidence adduced consisted of the testimony of PW1, Exts.A1 to A5 and B1 to B3.

4. We find that opposite parties/appellants have not adduced any direct evidence to establish the case set up except producing an assessment sheet wherein certain items are tick marked and certain items are allowed.  No details or the reasons for the same have been established before the Forum.  In the circumstances we find that there is no patent illegality in the order of the Forum. 

5. In the circumstances we find that there is no patent illegality in the order of the Forum.  We find that there is no scope for interfering in the order of the Forum.

In the result the appeal is dismissed.  The opposite party is directed to pay interest at 7.5% on Rs.12,399/- from the date of complaint.  The rest of the order of the Forum is sustained.

The office is directed to forward a copy of this order along with the LCR to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

VL.