By Smt. Saji Mathew, Member:-

The gist of the case is as follows:- The Complainant purchased an APE Diesel Autorikshaw exclusively for earning his livelihood and registered it at Wayanad Regional Transport Office as Reg.No.KL 12-B-3938. The vehicle was insured with the Opposite Party for the period from 19.8.2008 to 19.8.2009.

2. For registration, obtaining permit, and other works the vehicle was taken to different places. On 27.9.2008 the vehicle met with an accident. The Complainant filed a claim and it was repudiated by the Opposite Party saying that the vehicle permit was not in force as on the date of accident.

3. The permit was obtained on 29.9.2008. The vehicle was not used for transportation of passengers at the time of accident. But it was being used for the pre-requisite arrangements prior to the plying of vehicle. The denial of the claim by the Opposite Party is sheer deficiency in service on the side of the Opposite Party. Therefore, the Complainant prays for an order directing the Opposite Party to pay a sum of Rs.15,091/- and costs with 18% interest and a compensation of Rs.10,000/-.

4. The Opposite Party filed version admitting the policy. As soon as the claim was lodged, the Opposite Party appointed an investigator to report the details of accident and nature of damages. The investigator reported that the vehicle was put on road without necessary documents. The vehicle was not having permit at the time of accident. The Opposite Party deny the averment of Complainant that the vehicle was not being used for transportation of passengers at the time of accident. The Complainant is not entitled to get any amount from the Opposite Party. There is no deficiency in service on the side of the Opposite Party. The Opposite Party therefore prays for an order dismissing the complaint.

5. The Complainant filed proof affidavit and documents were marked as Exts.A1 to A10 series on the side of the Complainant. The Opposite Party has not filed proof affidavit. No document was marked on the side of the Opposite Party.

6. The matters to be decided are:-

1. Whether there is any deficiency in service on the side of the Opposite party?

2. Whether the Complainant is entitled for any relief?

7. Point No.1:- The Opposite Party admit the policy of vehicle. The only reason for denial of the claim is that the vehicle was not having permit at the time of accident. The Opposite Party do not deny that the vehicle was new and formalities were being made to make it fit for transportation of passengers. Ext.A3 is the fitness certificate for the period from 26.9.2008 to 5.4.2009. Ext.A5 shows that the permit was sanctioned on 16.09.2008 and issued on 29.9.2008. The matter of accident is not denied by the Opposite Party. The Opposite Party has not produced the report of the investigator on the basis of which they have denied the claim. It is found that the Opposite Party has denied the claim just raising technicalities. Hence the point No.1 is found against the Opposite Party.

8. Point No.2:- Ext.A10 series is the receipts showing the expense incurred by the Complainant. The Complainant is entitled to get the claim amount of Rs.15,091 from the Opposite Party..

Hence, the complaint is partly allowed and the Opposite Party is directed to give the Complainant the claim amount of Rs.15,091/- (Rupees Fifteen thousand Ninety One only) with 9% interest from the date of this order till payment. This order is to be complied within 30 days of the receipt of this order.

Pronounced in open Forum on this the day of 31^st August 2010.

Date of filing:24.02.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Letter. dt:26.12.2008.

A2. Copy of the Certificate of Registration.

A3. Copy of the Certificate of Fitness.

A4. Copy of the Tax licence.

A5. Certificate. dt:07.07.2010.

A6. Copy of Commercial Vehicle Package Policy.

A7. Copy of Lawyer Notice. dt:12.02.2009.

A8. Postal Receipt. dt:25.02.2009.

A9. Acknowledgement Card.

A10 series (2 Nos.) Copy of Tax Invoice.

Exhibits for the Opposite Party:

Nil.