Dtd.01.08.2022

O R D E R

BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

1.    This is an appeal filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.30.04.2019 passed in CC/1239/2016 on the file of Bengaluru 3^rd Addl., DCDRF.
2. The Commission examined the impugned order and grounds of appeal. Heard the learned counsel for the Appellant.
3. Learned counsel for Appellant would submit that insured/Mr.Afsar Pasha has failed to pay the insurance premium amount of Rs.2,308/- and the Forum below awarded Rs.75,474/- as IDV of the vehicle and further awarded a sum of Rs.1 lakh as compensation for causing mental agony besides awarding Rs.5,000/- towards cost of litigation. In so far as first contention is concerned, that insured/Afsar Pasha had not paid Rs.2,308/- in cash is unacceptable when the OP issued policy in his name in respect of the vehicle for the period from 12.07.2012 to 11.07.2013. It is the case of the Complainant that Afsar Pasha had paid Rs.2,308/- in cash, however, according to OP.1/Appellant it was paid through the cheque dtd.16.07.2012 which was received on 17.07.2012 is unacceptable, since the policy issued in favour of the insured is for the period 12.07.2012 is prior to 16.07.2012. In such circumstances, Forum below has rightly held Afsar Pasha has paid Rs.2,308/- in cash, since OP had issued the policy covering insurance w.e.f 12.07.2012 to 11.07.2013.
4. Let us come to examine at what amount of compensation Complainant is entitled ? Admittedly, Afsar pasha purchased Hero Motocorp, Karizma R bike bearing no.KA02 HSR9101 from OP.2 and he has made first Complainant as his nominee. Insured died while riding the vehicle on 13.07.2012. It is not in dispute that, Complainant no.1 & 2 are his LRs of whom Complainant no.1 is nominee. The vehicle in question is of 2011 model and its IDV was Rs.75,474/- and the Forum below awarded IDV is against the damage assessed by surveyor at Rs.38,054/-. We could not find any sound reasons in not accepting the report of IRDA licensed surveyor. In such circumstances, we are of the considered view that, Forum below committed error in awarding IDV to settle the claim raised by the Complainant no.1 & 2. Further, Forum below has failed to record sound reasons to award Rs.1 lakhs as compensation for causing mental agony to the Complainants, ignoring doctrine of proportionality while awarding such compensation considering the damages caused to the vehicle. In such conclusion, Commission proceed to allow the appeal. Consequently set aside the order dtd.30.04.2019 passed in CC/1239/2016 by Bengaluru 3^rd Addl., District Forum and direct OP.1 & 2 to pay Rs.38,054/- along with interest at 6% p.a. from the date of repudiation till realisation and do pay Rs.10,000/- as compensation for causing mental agony and Rs.5,000/- towards litigation cost within 60 days from the date of receipt of this order.
5. The amount in deposit is directed to be transferred to the Commission below for needful.
6. Notify copy of this Order to the District Commission and parties.

   Lady Member                         Judicial Member                                        

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