BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION

CIRCUIT BENCH AT TIRUPATHI

F.A. No. 1241/2006 

Between:

Smt. S. Narasamma

W/o. H.No. 15/145-64

Behind Shivalayam

M.G. Road,KadiriTown

Anantapur Dist.                                                          The Branch Manager

The Oriental Insurance Company Ltd.

Branch Office : 7/1551,

Korrapadu Road, Proddutur.Opposite Party

Counsel for the Petitioner:     

Counsel for the Respondent:

QUORUM:

HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT.

THURSDAY THIS THE FIFTH DAY OF FEBRUARY TWO THOUSAND NINE

ORAL ORDER:

***

Appellant is unsuccessful complainant.

The case of the complainant in brief is that     Mudigubba to Amadagur , it met with an accident for which     

and therefore could not prefer the claim immediately.   

The respondent insurance company resisted the case alleging that she was not a consumer.    then.                        

The complainant in proof of her case filed affidavit evidence and got Exs. A1 to A11 marked, while the respondent insurance company examined its  

The Dist. Forum after considering the evidence placed on record opined that        

Aggrieved by the said decision, the complainant preferred this appeal contending that the Dist. Forum ought to have seen that there was no complicated question of fact or law involved. 

It is an undisputed fact that the insurance company issued a comprehensive insurance policy        

“This to certify that on the oral complaint of                     

The complainant alleges that she got it repaired through a mechanic at Kadiri by spending an amount of Rs. 49,948/-. 

When the complainant processed her claim the insurance company appointed a surveyor    

Nature of Goods

Details of Police:

Accident reported to police     Name of the Police Station     

He found that the vehicle was damaged and he assessed the loss at Rs. 42.290/-.    

            3.6.2003.          

His enquiry revealed that there was no fitness certificate between 15.1.2001 and 7.10.2002 and that the vehicle was damaged  

                      We entirely depend     

RW2     

In his cross-examination he could not confirm any of the facts alleged by him in  

He did not record the statement of any persons.    

 A perusal of the record shows that second surveyor            17.9.2002.       

No doubt for the accident that took place on 11.10.2002 she did not give any report immediately 

It is settled law India  I (2009) CPJ 110 (NC) held that insurance company cannot appoint another surveyor.

“We also like to observe that under    

The Dist. Forum   insurance policy issued by the respondent.       Civil Court   We may state that the very surveyor appointed by the    

We reiterate that the repudiation                   

To sum up there is valid insurance policy covering the period of accident evidenced under Ex. A1.      Registration Certificate issued by         

In the result the