IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of March, 2009
Filed on 24.07.2008
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.160/2008
between
Complainant:- Opposite Party :-
The Managing Partner Oriental Insurance Co. Ltd.
Vishnu Furniture Mart Divisional Office, Thodupuzha
Poochakkal P.O., Cherthala Represented by its Manager
(Sri. Parameswaran Pillai (By Adv. R. Hemalatha)
Padma Nivas, Poochakkal P.O.
Cherthala
(By Adv. S. Unnikrishnan)
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainant’s case in succinct is as follows: - The complainant is the registered owner of the Pick-up Van bearing No.KL4/P 3506. The said vehicle on 16th October 2007 met with an accident. At the material time of the accident, the vehicle was holding a valid insurance with the opposite party. Consequent to the accident, the complainant with sufficient documents approached the opposite party for the policy claim. The opposite party on 20th March 2008 repudiated the lawful claim of the complainant on the ground of violation of policy conditions. The opposite party alleged that the complainant's vehicle was unauthorizedly overloaded. The complainant had spent a total amount of Rs.55,116/- (Rupees fifty five thousand one hundred sixteen only) for the patch up of the damaged vehicle. The opposite party's repudiation of the claim is without any proper basis. The service of the opposite party is deficient. Feeling aggrieved on this the complainant approached this Forum for compensation and relief.
2. On notice being served the opposite party turned up and filed version. The contention of the opposite party is that on the material day of the accident the vehicle was carrying 5 persons and wooden items beyond the lawful limit. According to the opposite party, as the vehicle was so overloaded, the same lost control and overturned. Moreover, neither the factum of accident was intimated duly to the opposite party nor the material documents were produced before them. The complainant violated policy conditions which disentitled him to the policy claim, the opposite party fervently contends. The complaint has been filed without any bonafides. The complaint is only to be dismissed with cost and compensatory cost to the opposite party .
3. The complainant evidence consists of the testimony of the complainant as PWl, and the documents Exts. Al to A12 were marked. On the side of the opposite party, its Asst. Manager was examined as RWl and the documents were marked as Exts. B1 to B8.
4. Holding in view the contentions of the parties, the issues that come up before us
for consideration are:-
(a) Whether the complainant has violated the policy conditions which disentitle him the policy benefits?
(b) Whether the opposite party committed deficiency of service?
5. We meticulously perused 'the complaint, version, the affidavits and other materials put on record by the parties. It appears that the factum of accident has not been denied or disputed by the opposite party. Likewise the opposite party has not made it a point to challenge the amount claimed to have been expended by the complainant to get his vehicle revamped. What has been dispute by the opposite party, as it appears is that the complainant had allowed more passengers in the vehicle than what is permitted by the conditions pertaining to the policy. The vehicle was also overloaded with wooden logs that caused the vehicle lost its control. That apart, the complainant failed to intimate the factum of accident duly in time to the opposite party. Bearing these contentions lively in mind, we cautiously went through the materials available on record. The opposite party's contention is that the accident took place consequent to the load filled beyond its capacity which caused the vehicle lost its control. In other words, the loss of control resulted from overloading was the cause of the accident. Even on close scrutiny of the entire materials, no material is forthcoming on the part of the opposite party to prove its contentions. We have already on umpteen occasions made it clear that mere making of statements without sufficient materials to substantiate or the least bit to support the same will not be sufficient to bring home the contentions. Needless to reiterate, making statements alone is inconsequential. In the context of the complainant's indisputable case of accident and the holding of the policy and in the absence of the any materials to prove the opposite party's otherwise forceful contention, we have no course open but to accept the complainant case. We need hardly say the complainant is entitled to relief.
6. In the wake of what have been elaborated supra, opposite party is directed to pay the complainant an amount of Rs.55,116/- (Rupees fifty five thousand one hundred and sixteen only) as policy claim with 12% interest from the date of institution of the instant complaint till the recovery of the same. The opposite party shall comply with the order of this Forum within 30 days of receipt of the same.
In the result, the complaint is allowed accordingly. No order as to compensation or cost.
Pronounced in open Forum on this the 30th day of March, 2009.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - Parameswaran Pillai P.G. (Witness)
Ext.A1 - Certificate of Registration (Photo copy)
Ext.A2 - Policy
Ext.A3 - Statement of Labour charges
Ext.A4 - Job Estimate Report dated 7.11.2009
Ext.A5 - Letter dated 17.10.2007
Ext.A6 - Bill for Rs.15,000/- (Photo copy)
Ext.A7 - Additional Estimate
Ext.A8 - Deposition of witness – Siraj
Ext.A9 - Deposition of witness – Bijili
Ext.A10 - Deposition of witness – Mahin
Ext.A11 - Judgment of the Judl. 1st Class Magistrate Court, Erattupetta
Ext.A12 - Photo copy of the Partnership Deed
Evidence of the opposite parties:-
RW1 - Jimmy Mathew (Witness)
Ext.B1 - Letter dated 20.11.2007
Ext.B2 - Motor Claim Form
Ext.B3 - Letter dated 20.3.2008
Ext.B4 - Motor Survey Report
Ext.B5 - Policy Copy
Ext.B6 - Policy Condition
Ext.B7 - Copy of FIR & FIS
Ext.B8 - Copy of AMVI Report
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
