Kerala

Idukki

CC/19/2022

Akhil Suresh - Complainant(s)

Versus

Magma H D I General Insurance co. ltd - Opp.Party(s)

Adv.K B Selvam

24 Nov 2022

ORDER

 

DATE OF FILING : 21/01/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 24^th day of November 2022

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.19/2022

Between

Complainant                             :  Akhil, S/o Suresh,

                                                     Residing at Alariputhenpurackal House,

                                                      9^th Acre, Upputhara, Upputhara Village,

                                                      Peermade Taluk, Idukki District.

                                                     (By Adv.K.B.Selvam)

                                                           And

Opposite Party :                      :   Magma HDI General Insurance Company Ltd.,               

                                                    Represented by its Manager, 1^st Floor,

                                                    Jain Tower, NH -47, By Pass Road,

                                                     Power House Junction, Vytilla, Cochin- 682 019.

 

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant raised the following allegations against opposite parties and sought for the following reliefs:-

 

1 . Complainant is a driver by profession.  Also, complainant is the owner of Mahindra & Mahindra Bolero Pick Up bearing Registration Number KL-34-A-6604.  The vehicle was insured with the first opposite party.  Complainant purchased the vehicle as a memo of self employment and the same is only the occupation of complainant and source of income of himself and his family.

 

2 . On, 30/09/2021, a rainy day, on the way to Upputhara from Valakodu, near by the Pulickal Nursery, said vehicle skidded and had an accident and broke two electricity poles owned by the Kerala State Electricity Board Limited.  After the accident Kerala State Electricity Board Limited disconnected the electricity supply and investigated about the accident and made Site Mahazar.  The Kerala State Electricity Board Limited has also

 

(Cont.....2)

-2-

given estimation to the complainant for renewing the damaged poles.  In accordance with the estimation, complainant had to pay Rs.43988.81/-.  Complainant has contacted opposite party because the vehicle was insured by opposite party.  Opposite party has informed that they cannot pay the amount directly to the Kerala State Electricity Board Limited and complainant can seek reimbursement of amount from the opposite party.  On 01/10/2021, complainant has remitted the amount to Kerala State Electricity Board Limited.  On the same day Upputhara Police has entered the details of accident in general dairy.

 

3 . Thereafter, complainant contacted opposite party to reimburse the amount which he had paid to the Kerala State Electricity Board Limited.  Complainant has produced all documents before opposite party.  As per information from opposite party, complainant has awaited two months for reimbursement of the said amount.  On 27/10/2021, opposite party has transferred Rs.11382/- for the maintenance of the said vehicle.  On 10/12/2021, complainant again contacted opposite party.  At that time, opposite party informed that they cannot reimburse the amount paid to Kerala State Electricity Board Limited.  Now, Kerala State Electricity Board Limited has not any claim regarding the accident occurred on 30/09/2021.  Complainant has remitted the entire claim amount to the Kerala State Electricity Board Limited.  Thereafter, complainant contacted the Kerala State Electricity Board to return the amount which was paid by the complainant.  Then, the Kerala State Electricity Board has informed that they have no objection to get the amount from opposite party.

 

4 . Thereafter, complainant put to irreparable mental agonies due to the acts of the opposite party.  It is a grave deficiency of service of the opposite party and it to be compensated.

 

Hence, complainant has prayed the following reliefs.

 

1 . May be directed to opposite party to reimburse Rs.43265/-.

2 . May be granted a direction to allow Rs.5000/- as cost of the complaint and Rs.20,000/- as compensation from opposite parties.

3. Any other relief that is fit to the ends of justice in the course of this complainant may be allowed.

 

This commission has served notice to opposite party.  But opposite party did not appear before the Commission.  Hence this case was posted for complainant’s evidence.

 

 

(Cont.....3)

-3-

 

 

Complainant has filed proof affidavit and produced 9 documents.  These documents were marked as Ext.P1 to Ext.P9 respectively.  After hearing the case of complainant, it was taken for orders.  Now, the points which arise for consideration are

 

1.  Whether there is any deficiency in service on the part of opposite party?
2.  If so, what are the relief entitled to complainant?

 

Points are considered together

 

We have perused the proof affidavit and marked documents.  As per Ext.P2, complainant is the registered owner of the alleged vehicle bearing Registration No.KL36 A 6604.  The validity of the period of insurance is from 02/09/2021 to 01/09/2022 under Ext.P2.  It is found that the accident occurred within the period of insurance.  As per Ext.P5 and Ext.P8, it is proved that the alleged vehicle hit electric posts on 30/09/2021 and these were damaged.  Vehicle was also damaged.  Due to the damage of these poles of electric post, K.S.E.B. was suffered loss of Rs.43,988.81.  As per Ext.P6, it is seen that Rs.43,988.81/- was incurred by K.S.E.B for renewing damaged poles of electric post.   Under Ext.P1, it is proved that complainant has paid the amount of Rs.43,265/- to K.S.E.B. on 01/10/2021.  But opposite party had transferred Rs.11,382/- only for maintenance of the said  vehicle.  Opposite party did not reimburse the amount which complainant had paid to K.S.E.B.  The accident occurred during the period of insurance.  Hence opposite party is liable to reimburse the claim amount to complainant which he had incurred for renewing the damaged poles of electric post.  Since the claim amount was not remitted by opposite party to complainant, we are of the opinion that there is deficiency in service on its part.  Opposite party has not appeared before the Commission and neither filed written version nor tendered any evidence against the complaint.  Hence, we have discussed the case and decided on merits.

 

In the result, complaint is allowed as hereunder.

 

1.  Opposite party is directed to reimburse Rs.43,265/- to complainant.  Amount paid, shall be considered if at all a claim is made under Motor Vehicles Act.

 

2. Opposite party is also directed to pay Rs.20,000/- as compensation and Rs.5000/- as cost of litigation to complainant within 45 days from the date of receipt of this

 

 

(Cont.....4)

-4-

 

order, failing which the amount except cost of litigation shall carry 12% interest from the date of order till its realisation.

 

Extra copies to be taken back by parties without delay.

 

       Pronounced by this Commission on this the 24^th  day of November, 2022.

 

                                                                                            Sd/-                                                                             

                                                                                 SMT.ASAMOL P., MEMBER             

                                                                                          Sd/-

                                                                                     SRI.C.SURESHKUMAR, PRESIDENT

                                                                                                           Sd/-

                                                                                          SRI.AMPADY K.S., MEMBER     

                                                                      

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Akhil Suresh

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1- Copy of Adhar Card of complainant

Ext.P2 -Copy of certificate of registration (Form 23)

Ext.P3 - Copy of certificate f Fitness

Ext.P4 - Copy of certificate of Insurance cum schedule

Ext.P5 -Copy of Site Mahazar

Ext.P6 - Estimate from K.S.E.B., Upputhara

Ext.P7 - Receipt dated 01/10/2021

Ext.P8 - Copy of General Diary dated 01/10/2021

Ext.P9 - Copy of payment advice for Claim No.C1224103105428 Insured Name

            Akhil Suresh Vehicle No.Kl 34A 6604 dated 27/10/2021.

On the side of the Opposite Party :

Nil

                                               

                                                                                               Forwarded by Order

 

 

                                                                                         ASSISTANT REGISTRAR