KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

                      VAZHUTHACAUD THIRUVANANTHAPURAM

                                                APPEAL NO.425/10

                              JUDGMENT DATED 4.2.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

SRI.S.CHANDRAMOHAN NAIR                       --  MEMBER

M/s.Reliance General Insurance Co.Ltd;

Elizabeth Alexander Memorial Buildings,                   --  APPELLANT

Marine drive, Cochin.

   (By Adv.Sreevaraham G.Satheesh)

                   Vs.

Safiya Bhasheer,

K.H.House, Pattambi,                                         --  RESPONDENT

Palakkad.

   (By Adv.T.P.Muraleedharan & Ors.)

                                                    JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

          The appellant is the opposite party  in CC.425/10 in the file of CDRF, Palakkad.  The appellants are under orders to pay a sum of Rs.80,341/- the claim amount with compensation of Rs.10,000/- and cost of Rs.1000/-.

          2. It is the case of the complainant that the Jeep covered by the policy of the opposite parties met with an accident on 14.3.09 and sustained extensive damages.  According to him, he has spent Rs.80,341/- for repairs.  The opposite parties/appellants had sent notice asking to produce the copy of the GD entry.  Subsequently, lawyer notice was sent.   He has claimed the amounts spent with compensation and costs.  

          3. The opposite parties/appellants was ex-parte before the Forum. Hence, the Forum allowed almost the entire claim.   At the time of hearing, it was contended that notice was not received and hence the opposite party had to be ex-parte.   It is submitted that as per the inspection report the amount assessed by the surveyor is Rs. 57,864/-    If the complainant is agreeable to the above amount, the opposite party/appellant shall pay the same.    According to him, the  amount was not paid  as no police records ie; GD entry and copy of FIR was not produced despite repeated intimations given.  As the vehicle had met with an accident, the above records are mandatory. 

          4. In the circumstances and in view of the agreement expressed by the respondent/complainant to receive the amount as suggested in the survey report the order of the Forum is set aside and the appeal is allowed in part directing the appellants to pay a sum of Rs.57864/- to the complainant with interest at 9% per annum from 5.4.10, the date of complaint and cost of Rs.5000/-.   The amounts are to be paid within 3 months from the date of receipt of copy of this order, failing which the complainant will be entitled for interest at 12% from 4.2.2011 the date of this order.  The appeal is allowed in part as above.

          The office will forward copy of this order to the Forum urgently.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

 S.CHANDRAMOHAN NAIR --  MEMBER