Karnataka

Chitradurga

CC/465/2019

Sri Naveen T.N, S/o Nagaraja.S, - Complainant(s)

Versus

TATA AIG General Insurance Co.Ltd., - Opp.Party(s)

Sri Parthalinga.R.N

15 Jul 2020

ORDER

COMPLAINT FILED ON:09/08/2019

DISPOSED ON:15/07/2020

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:465/2019

 

DATED: 15th July 2020

PRESENT :-     Smt. H.N. MEENA.             …. PRESIDENT

                                B.A., LL.B.,              

                     Smt. B.H. YASHODA            ....MEMBER

                               B.A., LL.B.,

……COMPLAINANT/S	Sri. Naveen T.G. S/o Nagaraja S. Owner of Mahindra XUV Car Bearing Reg., No.KA-16-N-7862, R/o Sai Leela Residency Near Thirumala Hospital Shanthi Nagara, Challakere Town.Chitradurga District. Karnataka State.   (Rep by Sri. Parthalinga R.N., Advocate)
V/S
…..OPPOSITE PARTIES	TATA AIG General Insurance Company Limited, has been represented by its Branch Manager, Branch Office Hallmark Building Dharwad, Hubli-580  029   (Rep by OP by Sri. B.M. Ravi Chandra)

 

Pronounced on 15th July 2020

Written by Smt. H.N. MEENA, President.

1.   This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act, 1986 by Naveen T.N.  The Complainant against the Opposite party (for short OP) praying to award Rs. 3,43,058/- towards damage caused to the vehicle with interest at the rate of  18 % p.a  and also  cost of the proceeding - etc.

The complaint:-

  2.  The brief facts of the complaint are that the complainant is the owner of Mahindra XUV 300 bearing in No. KA 16-N-7862 had and he has insured his vehicle with the OP, to that effect the OP has issued a policy bearing No. 015956346800 valid from 16/03/2019 to 15/03/2020. On 19/04/2019 the said vehicle met with accident near Gollahalli School as a result of which the car was completely damaged to the maximum extent, in this regard police complaint also lodged before the Imangla Police station, Hiriyur Taluk which is registered in Crime No. 0062/2019.  The complainant has intimated about the accident and filed claim form to the OP Company, but in spite of receiving all the relevant documents OP has not paid the claim to the complainant. Complainant alleged that he has spent Rs. 2,23,058/- to get repair the vehicle, and Rs. 66,943/- towards labour charges and the said amount was not paid by the OP and for non reimbursement of said amount by the OP is deficiency of service. Hence he brought present complaint.

3.   After hearing on admission the complaint was admitted and notice was ordered to be issued to the OP  to file its written versions under section 13(2) of the Consumer Protection Act,1986 (in short “the Act) . The OP has appeared through its counsel and filed written version.

 

Defense:

4.  In the written version the OP has admitted the issuance of policy and its validity. He contended that policy issued to the complainant is subject to terms and conditions enumerated in the policy and also inconformity with the provisions of Motor Vehicle Act-1988, the terms and conditions of contract is binding on the both the parties. The OP further stated that on intimation, they have appointed the surveyor  to assess the loss caused to the vehicle, the surveyor after inspection of the vehicle given report to OP and he has assessed companies liability of Rs. 3,65,489/-.  The OP has contended that the complainant has registered temporarily the vehicle at RTO, Davanagere and the said temporary registration was valid from 18/03/2019 to 17/04/2019 and there is no valid temporary registration or permanent registration certificate to the vehicle  at the time of accident hence the complainant violated the terms and condition of the policy. As the complainant violated the terms and conditions of the policy, he is not entities for the reliefs as claimed in the complaint and hence he prayed for dismissal of the complaint. 

 Evidence:

5.    The complainant got himself examined as PW-1 by filing his affidavit as a part of examination in chief and also got Ex.A-1 to A-4 marked and closed the evidence.

6.   On behalf of OP one Krishna Sheernalli  Chief Manager, of OP company  got himself examined as RW-1 by filing his  affidavit as a part of examination in chief and document marked as EX- B 1 and closed the evidence,

Arguments:

7.    We have heard the complainant as well as counsel of OP and perused the written arguments filed by both side advocates.  

8.    The points that arise for our determination are ;

1. Whether the complainant proves that deficiency of service on the part of opponent?
2. Whether the complainant proves that he is entitled for the relief sought?
3. What order?

 

9.    Our finding on the above points is as under;

       Point No.1: In the Affirmative

       Point No2: In the partly Affirmative

       Point No3: As per final order,

Discussion and Reasoning:

Point No.1 and 2:

10.   The OP without disputing the issuance of the insurance policy to the vehicle of complainant and its validity as on the date of accident not settled the claim of the complainant to pay claim amount. It is the case of the complainant that he is the owner of Mahindra  XUV 300 bearing in No. KA 16-N-7862 had and he insured his vehicle with the OP, to that effect the OP have issued a policy bearing No. 015956346800 valid from 16/03/2019 to 15/03/2020  on 19/04/2019 the said vehicle met with accident near Gollahalli School way of Challakere-Hiriyur as a result of which the car was completely damaged to the maximum extent, in this regard police complaint also lodged before the Imangala police station which is registered in Crime No. 0062/2019, he has intimated about the accident and filed claim form to the OP company, but in spite of receiving all the relevant documents OP has not paid the claim to the complainant.

11.  The OP has not disputed the accident. But there contention is that at the time of alleged accident the vehicle was running without valid registration certificate it is a violation of policy terms and condition and also motor vehicle act condition of Section 39 and section 43.  

12.   Therefore, the question which requires consideration is whether the contention taken by the OP is having valid reasons but as per the available records which is Ex A-3 the letter issued by the OP to the complainant stating that TR is valid till 17/04/2019 and accident is on 19/04/2019 but as per the calendar events that is on 17/04/2019- it is a Mahaveer Jayanthi it is a Government holiday, 18/04/2019- it is Lokasaba Elections for the residence of Challakere Town and Govt has declared a holiday by gazette notification, on 19/04/2019- it is a Good Friday and it is also an Government holiday and the accident has been occurred on 19/04/2019 and also all the Government offices and RTO Office will be closed on the said dates and also there is no provision for renewal of the registration should be physically and there is no provision for registering the vehicle through online. Hence such being the scenario the insurance company that is OP cannot become so rigid in repudiating the claim of the complainant for unavoidable circumstances. Hence the repudiation made by the OP is against to the principals of law.     And OP has made deficiency of service to the complainant.

13.  The OP stated that on intimation given by the complainant, they have appointed  Surveyor and loss Assessor, by name M. Murugendraiah  who has conducted the survey and submitted the report assessing the  company’s liability is of  Rs. 3,65,489/-. To prove this contention the OP has produced the survey report before the Forum and the same is at EX B-1

14. The allegation of the complainant is that non settlement of claim by the OP  is amounts to deficiency in service. The OP without denying the validity of policy simply denied the claim of the complainant on the baseless ground which amounts to deficiency in service towards the Complainant. Hence at the stage we answer Point No. as partly in the affirmative.

 Point No.2:

15.  As the complainant has proved deficiency in service on the part of the OP he is entitled for Rs. 3,65,489/- with 10% interest P.A. from the date of final survey report given by the surveyor that is from 02/05/2019  along with compensation for deficiency of service, cost of the proceeding as per the final order. Accordingly we answer point No.2 as partly in the affirmative.

 

Point No.3: -

16. In view of the discussions made under Point No.1 and 2,      we pass the following; 

   

 // ORDER //

              The complaint is partly allowed.

The opposite party is directed to pay Rs. 3,65,489/- to the complainant along with interest @ 10 % per annum from the date of final survey  report dated 02/05/2019 till realization. And OP has to deposit the award amount within six weeks from the receipt of the copy of this order. OP also shall pay Rs.20,000/- to the complainant as compensation for deficiency of service, and also cost of the proceeding within six weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this 15th July 2020)

 

MEMBER

PRESIDENT.

(B.H.Yashoda)                              (H.N. Meena)                                         Member                                                           President.

:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Motor Vehicles accident report
02	Ex-A-2:-	Final report
03	Ex-A-3:-	Policy copy
04	Ex.A-4:-	Mahanth Motors Tax Invoice Bill.
05	EA.A-5:-	acknowledgements.

 

DW-1: Sri. Krishna Sheernalli S/o Sathyanarayan Bhat,  TATA AIG General Insurance Company Limited,  by way of affidavit evidence.

 

Documents marked on behalf of OP No. 2

01

Ex-B-1:-

Repair Assessment cum Processing Sheet.

 

                               

 

         (H.N. MEENA)

                    President.

                                               

 

 

        (B.H. YASHODA)

                                                                        Member. 

       

Kms.