D.O.F:07/09/2021

                                                                                          D.O.O:05/04/2023

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.149/2021

Dated this, the 5^thday of April 2023

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SRI.RADHAKRISHNAN NAIR.M   : MEMBER

SMT.BEENA.K.G                          : MEMBER

Deepak Swamikatta Devadas, Aged 33 years,

S/o. K.T. Devadas,

R/at B- 404, CMRS Royal Orchid,                                                  : Complainant

Balagere Road, Varthur,

Bangalore Karnataka- 560087

Through his Authorized person

Mr. K.M. Jayaram, aged 68 years,

S/o P. Gopalan

(Adv. Suresh. K.P)

                                        And

The Branch manager,

HDFC Ergo General Insurance Company Ltd,

Leela Business Park, 6^thFloor,                                              : Opposite Party

Andheri Kurla Road,

Mumbai- 400059

(Adv. Saji Isaac .K.J)

ORDER

SRI.KRISHNAN.K     :PRESIDENT

          The case of the Complainant is that he is the registered owner of the vehicle bearing Registration No. KA 04 MN 4230 covered by insurance issued by the Opposite Party on 12/10/2020.  Insurance covers damage to third party up to Rs.1,00,000/-

2.       The vehicle met with an accident on 25/01/2021 at Kasaba Kadapuram damage is caused to KSEB department, assessed damage at Rs.70,564/- KSEB recovered the damage from Complainant and Opposite party is bound to reimburse it to Complainant.  Lawyer notice is sent but in vain.  Complaint filed for the insurance amount, compensation and cost of litigation.

3.       The Opposite Party filed written version.  Insurance is admitted but liability is denied.  The Opposite Party already paid Rs.1,35,830/- to own damage of vehicle.  Further company is not informed about the damage caused to KSEB by accident and payment if any made is without their written consent andhence complaint is liable to be dismissed.

4.       The Complainant produced documents marked as Ext.A1 to A6.  Ext.A1 is the authorization to Complainant.  Ext.A2 is the insurance policy.  Ext.A3 is receipt by KSEB for Rs.70,564/- dated 27/01/2021.  Ext.A4 lawyer notice copy.  Ext.A5 postal receipt.  Ext.A6 tracking status.  Both parties did not adduce oral evidence.  No documents by Opposite Party.

5.       Following points arise for consideration in the above case

a)  Whether insurance company is liable to reimburse the amount collected by KSEB towards in damage as per terms and conditions of Policy?

b)  Whether there is deficiency in service from Opposite Party?  Whether Opposite Party is liable to pay compensation to Complainant? If so for what reliefs?

          In this case the opposite Party admitted the issue of insurance policy.  Further admits Opposite party paid own damage to the vehicle due to accident.  So accident is admitted and thus liability is also admitted.

6.       Specific Case of Complainant is that vehicle hit a part electric post and thereby damage to KSEB.  The Opposite Party has no definite case vehicle did not hit to electric post during accident.  But not informed is true and in not making claim with vehicle damage they are not liable to reimburse the same.

7.       It is very important to note that Opposite Party did not send any reply to the lawyer notice dated 27/01/2021.  The complaint filed on 07/09/2021.  There is no contra evidence that payment made to KSEB is for any other claim.  The Opposite Party has got their investigation team but no steps taken in this regard and no evidence adduced to disprove documentary evidence of the Complainant.

8.       Thus Complainant hereby hold that the Opposite Party legally liable to reimburse the third party damage caused by accident covered by insurance and Opposite Party is liable to pay Rs.70,564/- to the Complainant.

9.       The Opposite Party did not reimburse the claim even after receiving lawyer notice amounts deficiency in service the Complainant is entitled to compensation.  Considering the nature and circumstances of the case that an amount of Rs.25,000/- will be the reasonable compensation.  The Complainant is also entitled for cost of litigation.

10.     In the result complaint is partly allowed directing the Opposite Party to pay the Complainant a sum of Rs.70,564/- (Rupees Seventy Thousand Five Hundred and Sixty Four only) as insure benefits with 8% interest per annum from date of filing complaint till realization and also pay Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation for deficiency in service and Rs.5,000/- (Rupees Five Thousand only) as cost of litigation within 30 days of the receipt of the order.

      Sd/-                                                Sd/-                               Sd/-

MEMBER                                           MEMBER                               PRESIDENT

Exhibit

A1: Authorization letter

A2: Insurance Policy

A3: Receipt by KSEB

A4: Lawyer’s Notice

A5: Postal receipt

A6: Tracking Status

      Sd/-                                                     Sd/-                                       Sd/-

MEMBER                                              MEMBER                               PRESIDENT

Forwarded by Order

                                                                      Assistant Registrar

Ps/