DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 25th day of October 2012
Present: Smt.Seena.H, President
: Smt.Preetha.G.Nair, Member
: Smt.Bhanumathi.A.K, Member Date of Filing : 22/06/2012
CC No.108/2012
Parameswaran,
S/o.Machath Manappulli,
Rayamangalam Desom,
Thirumittakode Amsom,
Ottapalam - Complainant
(By Adv.A.K.Philip)
Vs
Manager,
Oriental Insurance Company,
Pranavam Building,
Pattambi - Opposite party
(By Adv.P.K.Devadas)
O R D E R
By Smt.PREETHA G NAIR, MEMBER
Complainant insured his motor cycle bearing No.KL-52-1219 from the oppsoite party from 20/9/2010 to 19/9/11. On 25/9/2010 the scooter hit on a KSRTC bus and became completely damaged. Also the complainant was very seriously injued due to the accident and he had to undergo treatment at Trichur Medical College and Amala Medical College for a long period. Cheruthuruthi Police had also registered a Crime No.624/2010 regarding the accident. The complainant informed the opposite party about the alleged accident and the vehicle given to service center for repair. The opposite party informed the complainant to contact them with service center. Thereafter the complainant given the estimate of Rs.22,110/- as repair charges and Rs.8800/- as the cost of repair to the opposite party. But the opposite party has not care to take necessary action to allow the insurance claim. The complainant sent a lawyer notice on 10/4/12. But the opposite party received the notice and sent a reply stating false allegations. The act of opposite party amounts to deficiency in service and the viloation of the insurance contract. Hence the complainant prays an order directing the opposite party to pay Rs.30,000/- as the repair charges under the estimate and Rs.25,000/- for not using the vehicle and Rs.20,000/- as compensation for mental agony.
Opposite party filed version stating the folllowing contentions. The opposite party admitted that the complainant had insured his vehicle and the validity was from 20/9/2010 to 19/09/2011. The opposite party disputes the alleged accident. The complainant has never intimated to the opposite party about the accident, registration of the crime, his hospitalization and the repairing of the vehicle. The complainant has not submitted any claim application to the opposite party. The complainant has neither came to opposite party for enquiry nor has the opposite party said to the complainant that he has to to get in touch with the service center. The complainant has not given estimate to the opposite party. The opposite party has not violated the contract with the complainant. In the additional version opposite party stated that they sent reply notices dated 10/01/12 and 12/04/12 by registered post with A/D for the lawyer notices. Also the complainant has violated the conditions 1 and 8 of the policy conditions. Hence the opposite party prayed that dismiss the complaint with cost.
Both parties filed their affidavits and documents. Ext.A1 to A12 marked on the side of the complainant. Ext.B1 to B6 marked on the side of the opposite party. Both parties filed argument notes. Matter heard.
Issues to be considered are;
1. Whether there is any deficiency in service on the part of opposite party?
2. If so, what is the relief and cost?
Issue No.1 & 2
We perused relevant documents on record. The complainant is a senior citizen. Also complainant stated that he had undergone treatment at Trichur Medical College and Amala Medical College for a long period. In the complaint, mistakenly written the date of accident on 25/5/2010. Thereafter complainant filed application to amend the complaint regarding date. No objection and application allowed. Date corrected as 25/9/2010. As per Ext.A1 there was a valid policy at the time of accident. The main allegation of the opposite party is that the complainant had not reported any accident to the office, not submitted any documents and not preferred any claim in respect of an accident. The complainant stated that he had intimated the alleged accident to the opposite party and produced the estimate. No contradictory evidence produced by the opposite party. Also the complainant has not cross examined by the opposite party. As per Ext.A6 the opposite party repudiated the claim due to the violation of insurance contract.
As per Ext.A3 the copy of FIR shows that FIR NO.624/2010 registered under section 279,337 and 338. The date of accident was 25/9/2010. As per Ext.A4 the estimate given for Rs.22,110/- as the repairing charges and Rs.8800/- as the labour charges. Ext.A5 dated 10/4/12 shows the complainant sent lawyer notice to the opposite party. As per Ext.A3 the FIR dated 27/11/2010 Cheruthuruthi Police Station registered the crime. The complainant stated that all documents related to accident and hospital bills given to the criminal case. Ext.A12 shows that the documents related to the accident was not given from the Police Station as the investigation in under progress. No contradictory evidence produced by the opposite party.
In the present case the opposite party stated that complainant had not given intimation to them regarding the accident. According to the complainant he had given intimation to the opposite party. No documentary evidence produced by the complainant to show the intimation given to the opposite party. But in Ext.A3 the FIR registered under the complaint filed before the court. As per the policy conditions the company will indemnify the insured against loss or damage to the vehicle insured subject to a deduction for depreciation at the rates mentioned in the policy in respect of parts replaced. The opposite party has not deputed the surveyor and assessed the claim amount. Complainant is a senior citizen. After the accident the complainant was hospitalized. In Ext.A4 the estimate shows that Rs.30,910.50 as the total amount of price of parts and labour charges. No contradictory evidence produced by the opposite party. The complainant stated that the vehicle was not repaired. As per Ext.A3 the copy of FIR shows that the intimation given on 27/11/2010. Also in FIR attached the copy of complaint filed before the Judicial First Class Magistrate Court, Vadakkencherry on 23/11/10. The accident was happened on 25/9/2010. The opposite party has not produced evidence to show that the accident was not happened on 25/09/2010. In FIR shows that the date of accident on 25/9/2010. In the present case at the time of accident there was a valid insurance coverage on the vehicle of the complainant. But the opposite party has not taken steps for assessing the claim amount. It is a fit case for awarding compensation for deficiency in service.
In the above discussions we are of the view that there is deficiency in service on the part of opposite party. In the result complaint partly allowed. We direct the opposite party to pay the complainant an amount of Rs.20,000/- (Rupees Twenty thousand only) as compensation for mental agony and R.1,000/- (Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 25th day of October 2012.
Sd/-
Seena.H,
President
Sd/-
Preetha.G.Nair,
Member
Sd/-
Bhanumathi.A.K,
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Copy of Policy Copy and Renewal Copy
Ext.A2 – Receipt for payment of tax of vehicle KL-52-1219.
Ext.A3 – Copy of FIR
Ext.A4 – Bill issued by Ghani Motors dtd.4/10/10
Ext.A5 – Copy of lawyer notice sent by complainant to opposite party
dtd.10/4/12
Ext.A6 – Reply to lawyer notice dtd.12/04/12
Ext.A7 – Copy of lawyer notice sent by Adv.TA Prasad to opposite party
dtd.6/12/11
Ext.A8 – Reply to lawyer notice dtd.16/12/11
Ext.A9 – Copy of lawyer notice sent Adv.TA Prasad to opposite party dtd.2/1/12
Ext.A10 –Reply to lawyer notice dtd.10/1/12
Ext.A11 – True copy of ceritificate of registration.
Ext.A12 – Letter sent by the SI of Police, Cheruthurithi alongwith copy of FIR to
the complainant.
Exhibits marked on the side of the opposite party
Ext.B1 – Truce copy of the policy
Ext.B2 – Original copy of the lawyer notice sent by complainant to opposite
party 6/12/11
Ext.B3 –Original copy of lawyer notice sent by complainant to opposite party
dtd.2/1/12
Ext.B4 – Copy of reply sent by registered post with A/D by opposite party to the
complainant 10/1/12
Ext.B5 – Original lawyer notice received from complainant to opposite party
dtd.10/4/12
Ext.B6 – Copy of the reply sent by opposite party to the complainant dated
12/4/12
Cost
Rs.1,000/- allowed as cost of the proceedings
