A-1274/2019

14-11-2024

O R D E R

BY SRI RAVI SHANKAR, JUDICIAL MEMBER

Heard from appellant. Respondent not present.

2. The learned advocate for the appellant submits that they were not contested the matter before the District Commission since the matter was entrusted to one counsel who had not taken much interest to continue the case. Hence, they were placed exparte. In fact, they are not liable to pay the own damage claim as the complainant had not disclosed that he had claimed own damage on the previous occasion with earlier insurance company and now he had taken the benefits of no claim bonus. Hence they have repudiated the claim. Apart from that the surveyor has assessed the loss to the tune of Rs.55,869.38, if at all the Commission comes for conclusion to pay the own damage, they are restricted to the award assessed by the surveyor.

3. Considering the submission made by the learned advocate for appellant and by perusing the certified copy of the order, we noticed the District Commission has awarded for payment of Rs.1,65,000/- which was spent towards repair of the vehicle. The entire repair charges are not payable as per the terms and conditions of the policy. This appellant is under the obligation to pay only surveyor assessed amount. As such the order passed by the District Commission requires for modification.

4. Mere suppression of claim by the complainant from earlier insurance company will not be a valid ground for repudiation of the genuine claim of the complainant. The accident was admitted, the claim was admitted, and the surveyor assessed the loss basing the inspection of the vehicle. Hence it is a case of deficiency of service on the part of appellant in repudiating the genuine claim. As such the complainant is entitled to get as follows;

   5. The Appellant/Opposite Party is directed to pay Rs.55,869.38 towards own damage claim along with Rs.10,000/- compensation for deficiency of service and Rs.10,000/- towards litigation expenses.

6. The Appellant/Opposite Party is directed pay the above said amount within 30 days from the date of receipt of this order. Accordingly the appeal is disposed off.  

The amount in deposit shall be transmitted to the concerned District Consumer Commission to pay the same to the complainant.

Send a copy of this order to both parties as well as Concerned District Commission.

SMT.SUNITA C.BAGEWADI                         SRI.RAVI SHANKAR

         (Lady Member)                                    (Judicial Member)