Karnataka

StateCommission

A/2001/2016

T. Nagaraja - Complainant(s)

Versus

The Branch Manager, - Opp.Party(s)

M. Subramani

25 Jan 2024

ORDER

                                                                     Date of Filing :16.08.2016

                                                                Date of Disposal : 25.01.2024

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

 

DATED:25.01.2024

 

PRESENT

 

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

Mr K B SANGANNANAVAR : JUDICIAL MEMBER

 

Mrs DIVYASHREE M : LADY MEMBER

 

 

APPEAL No.2001/2016

 

Mr T Nagaraj

S/o Mr T Chandra Shekar

Aged about 35 years

R/at No.135, Vinayaka Nagar

Near Spinning Mill

Hospet Road

Bellary - 583 101                                                                 Appellant

(By Mr M Subramani, Advocate)

 

-Versus-

The Branch Manager

M/s Oriental Insurance Company Ltd.,

N R Mansion

1^st Floor, Krishnamachari Road

Near Raghavendra Talkies

Ballary - 583 101                                                                 Respondent

(By Mr H C Vrushabhendraiah, Advocate)

                                                  

                : ORDER :

 

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

 

1.       This Appeal is filed under Section 15 of Consumer Protection Act 1986 by the OP, aggrieved by the Order dated 29.06.2016 passed in Consumer Complaint No.310/2015 on the file of District Consumer Disputes Redressal Forum, Bellary (hereinafter referred to as the District Forum).

2.       The District Forum after enquiring into the matter, Dismiss the Complaint.  Being not satisfied with this Order, the Complainant is in Appeal contending that at the time of accident, the vehicle bearing registration No.KA-34/M/6478 driven by one Riyaz Ahamad, who is authorised to drive the LMV NT-Car from 22.06.2006 to 21.06.2026.  That on 09.04.2015, when the complainant vehcle travelling on road, at about 4.30 pm, dashed to the opposite APSRTC bus NO.AP29/Z-2024.  Due to said accident, the vehicle suffered got totally damaged, shifted vehicle to Toyota Motor World private Limited, after inspection they issued the estimation for Rs.14 lakhs which exceed the IDV of the vehicle, hence, Respondent has confirmed the total damage of the vehicle and salvage buyer taken the vehicle, hence, the complainant is entitled for insured declared value amount of Rs.7,25,000/-, the document Ex-P8 and P9 produced by the Complainant have not been properly appreciated by the District Forum and impugned order is not in accordance with law, hence, appellant seeking to set aside the Impugned Order, by allowing the Appeal.

3.       The Complainant in the complaint averred that the vehicle was not plying for hire/reward basis; the Passengers who travelled in the said vehicle on the Date of the Accident by name Kuruva Gopala is his friend and the vehicle was sent to him on friendship basis for him to visit the Temple with his family.  The Driver was one Mr Riyaz Ahamad who drove the LMV NT– Car with RTO Registration No KA-34-M-6478 and having valid Insurance issued by RTO Chitradurga for the period from 22.06.2006 to 21.06.2026.

4.       OP in his version has submitted that at the material time of the accident, the vehicle was plying on the road by the Complainant on hire/reward; the Driver, who was on the wheel at the time of accident was not in possession of valid & effective Driving License and when called for explanation, on 01.04.2015 the Complainant gave explanation stating that the vehicle was not plied on Hire/Reward basis and the passengers who travelled in the said vehicle on the date of the accident by name Mr Kuruva Gopala was his friend, the vehicle was given to him based on the friendship basis to visit to temple with his family.  The Driver who engaged by him on the date of accident, one by name Mr Riyaz Ahamed was not having a valid and effective Driving License as his Transport License expired on 04.03.2010. The repudiation of the claim by the Company is in accordance with law and by abiding the policy terms and conditions.

5.       Admittedly, the Complainant is the Registered Owner of Toyota Innova bearing Registration No.KA-34 M-6478 which was insured with the OP by paying premium of Rs.20,028/- for the period from 09.03.2014 to 08.03.2015 vide Policy bearing No.472302/31/ 2014/8277; Insured Declared Value was Rs.7,25,000/- and the Policy covers the own damage risk.  OP issued the Certificate-cum-Motor Insurance Certificate Policy for car package policy.  On 09.04.2015, when the Complainant’s vehicle was plying on road, at about 4.30 pm, his vehicle collided with oncoming APSRTC Bus No. AP 29 Z-2024 got totally damaged; a case was registered by Vyalpad Police in FIR No. 54/2014 and left the vehicle with Toyota Motorworld Private Limited, Bangalore who raised an Invoice for Rs.14,25,159.57. The Complainant intimated about the accident and submitted a Claim along with relevant documents to OP. However, on 12.06.2016, OP repudiated the claim on two grounds, viz., the vehicle plying on the road by the Complainant on hire/reward and the driver, who was on the wheel at the time of accident was not possessing valid and effective driving license, as his Transport License had expired on 04.03.2010.

6.       On perusal of the documents No.38 to 49, annexed to the Memorandum of Appeal it is seen that they are the Estimation & Invoice raised by M/s Toyota Motorworld Private Limited, Bangalore for repair of the vehicle amounting to Rs. Rs.14,25,159.57.  Further Documents No.69 to 71 is the Motor (Final) Survey Report of Mr P Krishna Murthy, Engineer, Surveyor & Loss Assessor who assessed the damage caused to the vehicle at Rs.6,63,000/-.

7.       Further on perusal of document No.32 Annexed to the Appeal memorandum is the extract of Driving License of the DL holder is Mr Riyaz Ahamed, authorised to drive class of the vehicle, LMV-NT-Car (Non-transport) valid upto 21.06.2026.  It reflects that the driver was having a licence wherein he has been licensed to drive non-transport vehicle upto 21.06.2026 and further none of the documents are evidences that on account of negligence on the part of the driver the alleged accident has taken place.  Under the circumstances, we are of the considered opinion that when the vehicle having valid insurance coverage, the act of OP in repudiating the claim even to the extent of his own surveyors assessment is not acceptable and to meet the ends of justice, impugned order requires to be interfered with by setting aside impugned order by allowing the Appeal.  In the result, we pass the following

ORDER

          Appeal is allowed in part.  Consequently, Order dated 29.06.2016 passed in Consumer Complaint No.310/2015 on the file of District Consumer Disputes Redressal Forum, Bellary is hereby set aside and OP is directed to pay a sum of Rs.6,63,000/- towards repairs charges of the vehicle as assessed by OPs surveyor with cost of Rs.10,000/- within two months from the date of the order.  Failing which said amount carries interest at the rate of 6% p.a from the date of claim till realisation.

 Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.

 

 

Lady Member                    Judicial Member                        President

*s