By. Sri. K. Gheevarghese, President :

The Complaint filed U/S 12 of Consumer Protection Act 1986

The Complaint in brief is as follows.

The Complainant is the R.C owner of the Maruthi Omni Van numbered KL 12C 2528 which was insured by the Opposite Party with the risk of full cover from 7.10.2006 to 6.10.2008. The vehicle has all India Tourist permit. While playing vehicle in Karnataka met with an accident and Rs.80,000/- was paid by the complainant to rectify the damages of the vehicle. The Opposite Party is liable to compensate the complaint for the damages caused to the vehicle. However the request of the complainant was rejected on the ground of the permit violation. The

repudiation of the claim is a deficiency in service and Opposite Party may be directed to pay

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Rs. 80,000/- the expenses met for the repair of the van with an interest at 18% from 19.05.2005 till the date of payment and also to pay Rs.20,000/- as compensation.

2. The Opposite Party filed version. The sum up of the version filed is as follows.

The vehicle No. KL 12C 2528 is admitted as insured by the Opposite Party. The service of the vehicle in Karnataka State was without any authorisation as required in the permit. The authorisation was expired on 17.05.2006. The vehicle met with the accident on 19.05.2007 and the claim was repudiated on the ground of permit violation. The surveyor assessed the loss deducting depreciation and salvage value as Rs.56,078/-. And transporting charge 1,250/- the claim of the complaint for Rs. 1,00,000/- is not based on any ground. The complaint is to be dismissed with cost to the Opposite Parties.

3. The points in consideration are :-

1.Whether any deficiency in service in the repudiation of the claim ?

2. Reliefs and costs.

4. Point No.1 The Complainant and Opposite Party filed proof affidavit. Ext.A1 to A8 are marked as documents for the Complainant. Ext B1 to B3 are the documents filed for the Opposite Party in support of their contention. The Complainant and Opposite Parties have given oral testimony.

5. The case of the Complainant is that while plying the Omni Van Numbered KL 12/C 2528 in Karnataka, met with an accident at Gundlepetta and the vehicle had damages. Towards the repair of the vehicle the Complainant spent Rs.80,000/-. The Opposite Party is legally liable

(Contd.......3)

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to compensate the expenses incurred by the complainant, but it was repudiated on the ground of permit violation. The only reason pointed out by the Opposite Party is that the vehicle was driven in Karnataka without authorization. Ext. A5 is the permit given by the Regional Transport Officer, Kalpetta, Wayanad. The reason for closing claim is permit violation. The Complainant is examined as PW1 the driver who drove the vehicle at the time is examined as PW2.

6. The Authorization is a technical aspect which is to be obtained from the authority as per the provisions of the Act. Herein the vehicle met with an accident plied service in Karnataka having tourist taxi permit and all other documents required for the vehicle that were maintained correctly except the authorization. The Manager United India Insurance Company Ltd,on examination admitted that the validity of the permit is extended from 2005 to 2010. In the absence of authorization when the vehicle enters into Karnataka State by remitting Rs.500/-. The authorization is in effect. For the particular service in which the charge of Rs.500/-was remitted. According to the driver of the vehicle the vehicle was inspected in the check post at Gundlepetta and remitted the required fees Rs.500/-. The receipt obtained from the concerned check post on the remittance of the amount for authorization was send to the Opposite Party along with the claim form. Apart from the oral testimony of the driver who drove the vehicle no other documents is produced. However it is to be considered that without remittance of the fee for authorization the plying of vehicle in Karnataka would be difficult. The complainant was in possession of all other documents required for the service of vehicle in Karnataka. In the light of this discussion it is to be considered that the complainant plied the vehicle in Karnataka with proper records required for the service. The repudiation of the claim by the Opposite Party is deficiency in service and the Point No.1 is found accordingly.

(Contd....4)

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7. Point No.2 The 1^st Opposite Party is examined as OPW1. According to the surveyor, after deducting the depreciation, salvage value and policy excess the amount assessed on loss is Rs. 56,078/- for transporting 1,250/- and spot photo for Rs.30/-. The estimated expense according to the report of the surveyor is Rs. 56,813/-. The complainant filed invoice of the authorized service station. However it is not in tally with the report of the surveyor. In that respect the receipt produced by the complainant for the repair in its entirety cannot be taken into consideration . We consider the report of estimated loss of the surveyor.

In the result the Complaint is partly allowed. The Opposite Party directed to give the complainant is Rs.56,078/-(Rupees Fifty six thousand and seventy eight only) to compensate the damages incurred upon the vehicle. The Opposite Party is directed to give this amount within one month from the date of this order.

No order as to cost.

Pronounced in Open Form on this the 30^th day of April 2009.

PRESIDENT : Sd/-

MEMBER I : Sd/-

MEMBER II : Sd/-

(Contd......5)

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A P P E N D I X

Witnesses examined for the Complainant :

PW1. K.K. Paulose. Complainant

PW2. Riju. Driver

Witnesses examined for the Opposite Party :

OPW1. Jayaprakash Manager, United India Insurance Co. Ltd.

S. Bathery.

OPW2. Jeevan. K.V Independent Surveyor.

Exhibits for the Complainant :

A1. Copy of R.C book

A2. Copy of Insurance policy

A3. copy of fitness certificate dt. 12.10.2007

A4. Copy of tax receipt dt. 12.10.2006

A5. Authorization of tourist permit dt.18.10.2005

A6. Estimate bill dt. 8.12.2007

A7. Repudiation Letter dt. 15.07.2008

A8. Copy of the authorization

Exhibits for the Opposite Party :

B1. Insurance Policy

No 101602/31/06/01/00003746

B2. Authorization dt.31.03.2008

B3. Motor Survey Report