By . Yadunadhan, President:

 

            The case in brief that on 3-1-08 at 4 P.M. the lorry bearing No. KL57-3632 owned by the complainant during the transit to Delhi from Thiruvananthapuram carrying Jack fruit. When it reached near Eripuram, Madayikavu, Kannur had turned turtle in the main road. Due to the sudden overterning the certain electric post of the K.S.E.B.which belongs to Pazhayangadi Section got damaged, K.S.E.B. officials demanded to remit huge amount as damages. After assessing the damages caused to the electric post and its accessories by the Sub Engineer, Pazhayangadi Section had directed by the Board officials to remit an amount of Rs.14586/-. After the payment complainant approached the opposite party for getting the amount, since the vehicle was having a valid policy and a valid vehicle documents. Opposite party repudiated the claim. Therefore prays to direct the opposite party to reimburse the amount which was already paid by the complainant to the K.S.E.B. along with interest.

 

            Opposite party entered in appearance and denied all the allegations except admitted facts. The petition is not maintainable before this Forum because the above dispute is with respect to Motor Accidents Claims Tribunal, Kozhikode. It is admitted that the vehicle with Registration No. KL-57-3632 was insured by the complainant and opposite party had paid Rs.35000/- for the damages caused to the vehicle as per cheque No.615001 dated 18-2-08. The complainant has no right to claim the damages because the K.S.E.B. had suffered the damages. Therefore the petitioner is not entitled to get any claim from the opposite party and the complaint is liable to be dismissed.

 

            The points for consideration is (1) whether the complaint is maintainable? (2) Whether the complainant is entitled to get any relief, if so what is the relief?

 

            The complainant was examined as PW1 and Ext.A1 to A7 were marked on complainant’s side. Opposite party has no oral or documentary evidence.

 

Points:

 

            While on perusal of Ext.A1 the vehicle bearing No. KL-57-3632 it shows that it has got valid insurance which was admitted by the opposite party in their statement. Ext.A2 site Mahazar is prepared by K.S.E.B. As per Ext.A2 Board sustained a loss of Rs.18586/-. Ext.A3 is a remittance receipt issued by the Board. Ext.A5 is a certificate issued by the S.H.O. Pazhayangadi regarding the accident which occurred on 3-1-08 at Eripuram. Since the production of documents pertaining to the accident opposite party repudiated the claim. It is a clear deficiency of service on the part of opposite party. Therefore the complaint is maintainable under Consumer Protection Act. Ext.A1, A2 and A3 documents not disputed by the opposite party. Since the insurance authority undisputed documents produced by the complainant, opposite party is liable to pay the amount as per Ext.A2. Therefore the opposite party is directed to pay an amount of Rs.18586/- (Including labour charge). Under these circumstances we are of the opinion that the petition is allowed and opposite party is directed to pay an amount of Rs.18586/- to the complainant and also pay a compensation of Rs.2000/- along with a cost of Rs.500/- . The opposite party is directed to comply the order within one month.

 

Pronounced in the open court this the 10th day of March 2010.

 

 

                        Sd/- PRESIDENT                    Sd/- MEMBER                        Sd/- MEMBER

 

APPENDIX

Documents exhibited for the complainant:

A1. Photocopy of Insurance Policy No. 760603/31/07/00011721.

A2. Copy of Site Mahazar dt. 4-1-2008.

A3. Original receipt dt. 4-1-08 issued by K.S.E.B. to the complainant.

A4. Copy of report of Sub Engineer-In-Charge, Electrical Division, Pazhayangadi.

A5. Certificate dt. 4-1-08 issued by Sub Engineer-In-Charge, Electrical Division, Pazhayangadi.

A6. Photocopy of  Regd. Lawyer notice dt. 30-1-2008.

A7. Photocopy of postal acknowledgement.

Documents exhibited for the opposite party.

            Nil.

Witness examined for the complainant.

PW1. K.T. Musthafa (Complainant)

Witness examined for the opposite party.

                        None.

                                                                                                Sd/- President

                                                // True copy //

(Forwarded/By order)

 

SENIOR SUPERINTENDENT.