Kerala

StateCommission

A/10/112

Oriental Insurance Co. Ltd. - Complainant(s)

Versus

Perinadu Grama Panchayath - Opp.Party(s)

Vakala B.Rvikumar

30 Oct 2010

ORDER

First Appeal No. A/10/112

(Arisen out of Order Dated 02/12/2010 in Case No. CC 136/06 of District Pathanamthitta)

1. Oriental Insurance Co. Ltd.

...........Appellant(s)

Versus

1. Perinadu Grama Panchayath

...........Respondent(s)

BEFORE:
	HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT

PRESENT:

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUDTHIRUVANANTHAPURAM

APPEAL NO.112/10

JUDGMENT DATED 30.10.2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT

1. The Branch Manager,

M/s Oriental Insurance Company Ltd.

Ranny. Reptd. by its Divisional Manager,

Divisional Office-1,

Thiruvananthapuram.

2. The Divisional Manager, -- APPELLANTS

M/s Oriental Insurance Company Ltd.

Divisional Office, Thiruvalla

Reptd. by its Divisional Manager,

Divisional Office-1,

Thiruvananthapuram

(By Adv.Varkala B.Ravikumar)

Vs.

The Secretary, -- RESPONDENT

Perinadu Grama Panchayath.

JUDGMENT

JUSTICE SHRI.K.R.UDYABHANU,PRESIDENT

The appellants are the opposite parties/Insurance Company in CC.136/06 in the file of CDRF, Pathanamthitta. The appellants are under orders to pay sum of Rs.2,78,975/- with interest at 9% from the date of the complaint and also to pay sum of Rs.10,000/- as compensation and Rs.3000/- as costs.

2. It is the case of the complainant/Perinadu Grama Panchayat that the vehicle under Insurance Coverage with the opposite party met with an accident and that the vehicle/Jeep sustained heavy damages on 6.10.05. The vehicle was examined by the surveyor and thereafter the vehicle was taken to the workshop of TVS & Sons Ltd; Kottayam and that they prepared an estimate for Rs.1,93,975/- for replacing spare parts and Rs.85,000/- towards labour charges. It is alleged that the opposite parties have not paid the above amount, or given direction to the TVS & Company for repairing the vehicle.

3. The opposite parties/appellants have contended that there was no deficiency in service on their part and that the complainant has not got the vehicle repaired and produced the repair bills. It was found that the vehicle was taken back without effecting the repairs.

4. The evidence adduced consisted of testimony of PWs 1 & 2, DW1, Exts.A1 to A10 and B1 to B3.

5. The Forum has allowed the entire claim on the ground that the appellant did not give the work order to the repair. The Forum has also suspected the genuineness of Ext.B3 letter addressed to the complainant.

6. We find that the surveyor has assessed the cost of repairs as Rs.1,37,987.50 vide Ext.B1 report of the surveyor. Ext.B2 is the letter dated 15.5.06 intimating the complainant that the claim is pending due to non receipt of repair bills and that no intimation is received after effecting repairs. Ext.B3 is the letter dated 28.5.06 in response to the letter from the complainant requesting to produce the fitness certificate and repair bills after effecting repairs. It appears that the complainant has not properly pursued the matter. The Forum itself has observed that since the complainant is a public institution, they cannot act like a private individual. We find that the complainant ought to have got the vehicle repaired and submitted the bills and intimated the fact of effecting repairs to the appellant. The complainant also ought to have requested to make the payment directly to the repairer if they choose to do so. The liability of the Insurance Company is to make good the loss and not to get the vehicle repaired and handed over to the assured. The complainant did not get the vehicle repaired at all. In the circumstances, the opposite parties/appellant is directed to pay the amount assessed by the surveyor to the complainant ie; Rs.1,37,987.50 . The order of the Forum is modified accordingly. The opposite parties are directed to make the payment within 3 months from the date of receipt of this order, failing which the complainant would be entitled for interest at 12% from the date of this order ie; 30.10.2010.