Date of filing : 16-06-08 Date of order : 23-12-08 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.92/08 Dated this, the 24th day of December 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER C.Siddeek, S/o.Mohammed Kottoor, Kolikatta House, Cherkala, } Complainant. Chengala.Po, Kasaragod.Dt. (Adv.Subash Bozz.V.M., Kasaragod) (Adv. Mohammed Shereef, Kasaragod) The Branch Manager, The New India Assurance Company, } Opposite party Branch office, Gokul Building, M.G.Road, Kasaragod. (Adv.C.Damodaran) ` O R D E R SRI.KT.SIDHIQ, PRESIDENT Tata Indigo Car bearing Reg.No.KL-14 E/1101 belongs to the complainant met with an accident during the subsistence of policy issued by opposite party M/s New India Assurance Co. Ltd. On intimation opposite party deputed a surveyor to assess the damages and accordingly surveyor filed his report before opposite party. As per direction of opposite party complainant took delivery of the vehicle from the repairer by paying Rs. 1,13,522/- (Rupees one lakh thirteen thousand five hundred and twenty two). But the opposite party delayed payment on one pretext or other. Hence the complaint praying for an order against opposite party to pay Rs.1,43,188/- to the complainant. 2. Opposite party contends that the complainant has not produced the FIR, panchanama and Final Report against their request. Hence they are not in a position to consider the claim of the complainant. The amount claimed is excessive and the liability if any is as per the survey report and policy condition. 3. Exts A1 to A5 documents were marked on the side of complainant. Opposite party produced documents and that is marked as Exts B1 to B5. Both sides heard and the documents perused. 4. The contentions that the complainant has not produced FIR Panchanama and Final report submitted by the police in respect of the accident has no force. Those documents are not all material to process a motor claim arising out of a motor vehicle accident when no crime is registered by the police. Ext.B2 is the surveyor’s report as per which the surveyor has assessed the loss as Rs.80,832/-. We do not find any reason to deviate from the findings of the surveyor in respect of the loss caused to the vehicle of the complainant. 5. Ext.B1 shows that the claim is preferred by the complainant on 10-05-07. As such the opposite party should have been settled the claims at least within 3 months from the date of claim. But the claim is not settled on flimsy grounds. The non- settlement of claim for a long period itself is a deficiency in service on the part of opposite party. Therefore we allow the complaint and the New India Assurance Co. Ltd, Kasaragod is directed to pay a sum of Rs.80,600/-(rounded) to the complainant. Opposite party further directed to pay interest @ 12% for the said amount from the date of claim i.e. 10-05-07 till date of payment by way of compensation for not settling the claim within 3 months from the date of claim. Opposite party shall also pay Rs.2000/- towards the cost of these proceedings. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT A1.24-12-07 copy of lawyer notice A2.reply notice. A3.Copy of insurance policy A4. Copy of Tax token A5. Copy of R.C. B1. Claim Form B2. Survey Report B3. Policy Copy B4. Copy of letter sent by OP to complainant. B5. Copy of letter sent by OP to complainant. Sd/- Sd.- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
