Kerala

StateCommission

A/14/301

THE CHOLAMANDALAM M .S GENERAL INSURANCE CO LTD - Complainant(s)

Versus

SALIM - Opp.Party(s)

V MANIKANTAN NAIR

31 Jul 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO. 301/14

JUDGMENT DATED: 31.07.2015

 

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

 

The Cholamandalam M.S,

General Insurance Company Ltd.,

2^nd floor, Dare House,

2 NSC Bose Road,                                                             : APPELLANT

Chennai-600 001. (R/by its

Deputy Manager-Claims).

 

(By Adv: Sri. V. Manikantan Nair)

 

            Vs.

 

Salim, S/o Kunjappu,

Mubarak Manzil,

Kunnamangalam Vayal,                                                   : RESPONDENT

Meppadi Post.

JUDGMENT

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

This is an appeal filed by the opposite party in CC.175/12 on the file of Consumer Disputes Redressal Forum, Wayanad, Kalpetta challenging the order of the Forum dated, March 10, 2014 allowing the complaint in part.

2.      The case of the complainant as testified by him as PW1 and as detailed in the complaint before the Forum in brief is this:-

Complainant is the RC owner of the Bus bearing Registration No.KL 12 D-8199 having valid route permit. The vehicle was insured with the opposite party under the package policy scheme.  During the validity period of the policy vehicle met with an accident on March 15, 2012 at Valliyoorkavu Junction.  While the vehicle was coming from Mananthavady to Valliyoorkavu to avoid hitting a dog, the driver suddenly applied break as a result of which vehicle skidded and hit against the nearby electric post and shop building causing damage.  Complainant had spent Rs.24,500/- to repair the vehicle, the damage caused to the building was repaired at the cost of Rs.28,500/- and the electric post was replaced at the expense of the complainant spending Rs.19,022/-.  The opposite party did not consider the claim of the complainant.  Therefore complainant filed the complaint claiming that amount and compensation.

3.      Opposite party is Cholamandalam M S General Insurance Company Limited represented by its Manager.  He in his version contended that complainant did not produce the original documents and that therefore this opposite party sanctioned only Rs.9850/-.  He prayed for the dismissal of the complaint.

4.      Complainant was examined as PW1 and Exts.A1 to A7 were marked on his side of the opposite party did not adduce any evidence before the Forum.  On an appreciation of evidence the Forum found that complainant is entitled to the entire amount claimed by him and directed the opposite party to pay balance amount of Rs.62,172/- and a compensation of Rs.1000/- and a cost of Rs.1000/-.  Opposite party has now come up in appeal challenging the said order of the Forum.

5.      It is admitted that the vehicle of the complainant met with the accident, that complainant claimed Rs.24,500/- for the repair of the vehicle, Rs.28,500/- for the expenses incurred for repairing the building and Rs.19,022/- for replacing the electric post damaged and that as against this opposite party sanctioned only Rs.9850/-.

6.      The main contention raised by the appellant/opposite party is that complainant did not prove Ext.A4 copy of the bills issued by the Akshaya Body Builders, Beenachi for repairing the vehicle,  Ext.A5 receipt issued by the owner of the building which was damaged in the accident and Ext.A7 receipt issued by Kerala State Electricity Board for replacing the electric post.  Counsel for the respondent/complainant submitted that an opportunity should be given to the complainant to prove those receipts and the matter may be remanded.  There is no serious objection on the part of the appellant on this aspect.  Therefore the impugned order of the Forum directing the opposite party to pay Rs.62,172/- and a compensation of Rs.1000/- and a cost of Rs.1000/- is set aside.  The matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties are directed to adduce further evidence before the Forum.

In the result appeal is allowed by way of remand as found above.  Both parties shall appear before the Forum on 30.09.2015.

 

JUSTICE P.Q. BARKATHALI:  PRESIDENT

 

 

V.V. JOSE : MEMBER

 

VL.