BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Friday the 3^rd day of February, 2012

C.C.No.148/2011

Between:

G.Thirupalu, S/o. G.N.Subbanna,

R/o H.No. 5/141, Palkur Village, Banaganapalli Mandal - 518 124, Kurnool District.       

                                  …Complainant

                                                    -Vs-      

Oriental Insurance Company, Limited,Represented by its Divisional  Manager,

D.No. 40-383, Bhupal  Complex, Park Road, Kurnool - 518 001.        

...Opposite ParTY

This complaint is coming on this day for orders in the presence of Sri S.Siva Rama Krishna Prasad, Advocate for complainant and opposite party as called absent and upon perusing the material papers on record, the Forum made the following.

   ORDER

(As per Sri. T.Sundara Ramaiah, President)

   C.C. No. 148/2011

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the opposite party:-

1.   To settle the claim under the policy bearing No.433102/31/2009/319 by paying a sum of Rs.45,732/- with interest @ 18% per annum;

1.   To award a sum of Rs.50,000/- as compensation for causing mental agony to the complainant;

And

1.   To award costs of this complaint;

And

1.   To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case;

2.    The case of the complainant in brief is as under:- The complainant purchased a T.V. Star City Motor Cycle on 12-05-2008.  The said vehicle was insured with the opposite party.   The opposite party issued the policy bearing No.433102/31/2009/319.   The policy was in force from 12-05-2008 to 11-05-2009.  After the purchase of the Motor Cycle the complainant became ill and bedridden.  The temporary registration was allotted to the Motor Cycle of the complainant due to ill health the complainant could not appear before the transport authority for registration of the vehicle.  On 07-07-2008 Balkukkaliah the friend of the complainant was proceeding on the Motor Cycle of the complainant to Ramakrishnapuram.  The Motor Cycle met with an accident and it was badly damaged.  The Motor Cycle was handed over at Indu Motor Banaganapalli for repairs.  The surveyor appointed by the opposite party assessed the loss.  The dealer estimated the repairs at Rs.45,732/-.  Inspite of repeated requests the opposite party did not settle the claim of the complainant.  Hence the complaint.

3.     Opposite party was called absent and set exparte. 

 4.    On behalf of the complainant Ex.A1 and A2 are marked and sworn affidavit of the complainant is filed. 

5.     Complainant filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of Opposite Party?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:- It is the case of the complainant that he purchased a T.V Star City Motor Cycle on 12-05-2008 and it was insured with the opposite party.  The complainant in his sworn affidavit clearly stated about his purchase of the Motor Cycle on 12-05-2008 and insuring the same with opposite party.  The complainant filed Ex.A1 invoice showing the purchase of Motor Cycle from Sri Sai Automobiles, Nandyal on 12-05-2008.  The complainant also filed Ex.A2 copy of the repudiation letter issued by the opposite party.  It is mentioned in Ex.A2 that the Motor Cycle of the complainant was insured with opposite party under the policy bearing No.433102/31/2009/319.  According to the complainant the policy was in force from 12-05-2008 to 11-05-2009.  In the repudiation letter Ex.A2 it is not denied that the policy was in force from 12-05-2008 to 11-05-2009.

8.     It is the case of the complainant that on 07-07-2008 his vehicle met with an accident near Ramakrishnapuram Village.  The complainant did not choose to file the copy of the F.I.R to show that his vehicle met with an accident.  According to the complainant on 07-07-2008 when one Balkukkaliah was raiding the Motor Cycle, it met with an accident.  The complainant did not choose to file the affidavit of Baalkukkaliah to show that the vehicle of the complainant met with an accident on 07-07-2008.  In absence of the documentary evidence it cannot be presumed that the vehicle of the complainant met with an accident on 07-07-2008.  It is also the case of the complainant that he handed over the damaged vehicle  at Indu Motor Banaganapalli for repairs and that the dealer informed him that the costs of repairs would be around Rs.45,732/-.  The complainant also did not choose to file the affidavit of the proprietor Indu Motor Banaganapalli. 

9.     Admittedly the opposite party did not pay any amount to the complainant.  The opposite party repudiated the claim of the complainant under Ex.A2 stating that the vehicle of the complainant was not registered by the date of the accident.  According to the complainant the accident took place on 07-07-2008.   Admittedly the vehicle was given Temporary Registration No.AP21 R T/R 4619.  According to the opposite party the said Temporary Registration expired by 10-06-2008.  By the date of the alleged accident i.e., on 07-07-2008 the vehicle of the complainant was not registered.  According to the complainant his vehicle was not registered as he was bedridden.  The complainant did not choose to file the insurance policy containing the terms and conditions.  According to the opposite party the complainant is not entitled for any amount as the vehicle was not registered by the date of the alleged accident.   The opposite party rightly repudiated the claim of the complainant as the vehicle was not registered with Transport Authority by 07-07-2008.  There is no deficiency of service on the part of the opposite party.  The complainant is not entitled for any relief.

10.    In the result, the complaint is dismissed without costs.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 3^rd day of February, 2012.

Sd/-                                    Sd/-                                    Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

      APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of Invoice for Rs.36,250/- dated 12-05-2008

issued by Sai Automobiles, Nandyal.

Ex.A2.       Photo copy of Repudiation Letter dated 08-06-2010.

List of exhibits marked for the opposite party:- NILL

 Sd/-                                             Sd/-                                    Sd/-

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

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