By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant is aggrieved that opposite party failed to indemnify the loss sustained in an accident to his vehicle KL-04/N 8854 insured with opposite party.<br /> <br /> 2. Opposite party filed version stating that in the claim form and connected documents submitted before opposite party the name of the driver was shown as K.C.Velayudhan Nair. On verification it was found that he had no effective driving licence. The claim was thus repudiated due to violation of policy condition.<br /> <br /> 3. Evidence consists of affidavits filed by both sides. Exts.A1 and A2 marked on the side of complainant. Exts.B1 to B8 marked on behalf of opposite party. Either side has not adduced any oral evidence.<br /> <br /> 4. The say of complainant is that his car KL-04/N-8854 met with an accident on 30-7-200 and sustained damages. At the time of accident the vehicle was driven by Firoz Kannamthodika. That Thenhipalam police registered case against this driver as Crime No.181/06 for rash and negligent driving. C.C.605/06 was taken on the file of Judicial First Class Magistrate, Parappanangadi in which Firoz is the accused. That the driving licence and badge of Firoz was valid and was produced before opposite party. The complaint is resisted by opposite party contending that in the claim form and connected documents K.C. Velayudhan Nair was shown as the driver. Opposite party relies on Ext.B1 to B5. Ext.B1 is the accident intimation letter and Ext.B2 is the claim form dated, 02-8-06. In both these documents it is shown that K.C.Velayudhan Nair was driving the vehicle. Ext.B5 is the photocopy of the driving licence of the said Velayudhan Nair submitted before opposite party by complainant. The claim was repudiated for the reason that Velayudhan Nair did not have effective driving licence to drive transport vehicle. Counsel for complainant argued that the name of driver was entered as Velayudhan Nair in Ext.B1 and B2 by mistake and that the vehicle was actually driven by Firoz Kannamthodika. Ext.A1 is the Final report of the alleged accident which is registered as Thenhipalam Police Station Crime No.181/06. Ext.A2 is the certified copy of the judgment in C.C.605/06 in Crime No.181/06. The name of accused/driver in A1 and A2 is Kannamthodika Firoz. In the evidence tendered by affidavit and Ext.A1 and A2 complainant has established and proved that Firoz was driving the vehicle at the time of accident. Opposite party has no case that Firoz has not valid driving licence. For the above reasons we find that opposite party is liable to indemnify the complainant. Ext.B3is the survey report by which the surveyor has assessed the damages to the tune of Rs.20,617/-. We hold that opposite party is liable to pay this amount to complainant. In the special circumstances of this case complainant has by his own mistake contributed in the repudiation of the claim by furnishing incorrect details. We therefore consider that complainant is entitled to interest only @ 5% per annum.<br /> <br /> 5. In the result, complaint allowed. We order opposite party to pay a sum of Rs.20,617/- (Rupees Twenty thousand six hundred and seventeen) to the complainant along with interest @ 5% per annum from the date of complaint till realisation. Opposite party shall also pay Rs.1000/- (Rupees one thousand only) to the complainant being cost of litigation. The time for compliance of the order is fixed as three weeks from the date of receipt of copy of this order.<br /> <br /> Dated this 18th day of April, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 and A2<br /> Ext.A1 : Photo copy of the final report of the alleged accident registered<br /> at Thenhipalam Police Station Crime No.181/06. Ext.A2 : Certified copy of the Judgment in C.C.605/06 in Crime No.181/06. <br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B8<br /> Ext.B1 : Photo copy of the Accident Intimation Letter dated, 02-8-06 sent by<br /> complainant to opposite party.<br /> Ext.B2 : Photo copy of the Motor Claim Form dated, 02-8-06 by complainant<br /> to opposite party.<br /> Ext.B3 : Private and Confidential Motor Final Survey Report dated, 31-8-2006<br /> by Surveyor and Loss Assessor to opposite party.<br /> Ext.B4 : Letter dated, 03-10-06 sent by opposite party to complainant.<br /> Ext.B5 : Photo copy of the driving licence in favour of K.C. Velayudhan Nair.<br /> Ext.B6 : Photo copy of the Certificate of Registration dated, 20-12-03 in respect of <br /> vehicle No.KL-04/N-8854.<br /> Ext.B7 : Photo copy of the permit in respect of contract carriage dated, 31-12-2003.<br /> Ext.B8 : Photo copy of the Certificate-cum-Policy Schedule.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />