Karnataka

Chitradurga

CC/128/2017

Lathif Khan S/o B. Ameer Khan - Complainant(s)

Versus

The Branch Manager,National Insurance Co Ltd., - Opp.Party(s)

Abdul jaleel Zulfiquar,

25 Jun 2018

ORDER

COMPLAINT FILED ON:05/12/2017

DISPOSED      ON:25/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 128/2017

 

DATED:  25^th JUNE 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGD., CLP   

 

……COMPLAINANT/S	Lathif Khan S/o B. Ameer Khan, Aged about Owner of Cruzer Maxicab Bearing Reg no. KA-64/0687, R/o 36, Hunesenahalli, Sira taluk,Tumkuru.   (Rep by Sri.Abdul Jaleel Zulfiquar, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Branch Manager,National Insurance Co Ltd., Branch Office, Lakshmi Bazar,Chitradurga.   2. The Manager, National Insurance company Limited, Kasturi Mansion, M.G. Road behind, Krishna takis, abouve Corporation bank, Tumkur.   (Rep by Sri.K. Mohan Bhat, Advocate)

 

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay       Rs.3,10,390/- towards repair charges with interest at the rate of 12% p.a, Rs.1,00,000/- towards financial loss, mental shock,  costs and such others reliefs.

2.      The brief facts of the case of the above complainant are that, he is the RC owner of Maxi Cab bearing Registration No.KA-64/0687, the same has been insured with the OP No.2 under Policy No.604203/31/14/6360004284 valid from 13.10.2014 to 12.10.2015.  OP No.1 is the Branch of OP No.2.  It is further submitted that, on 06.02.2015 at about 1-00 AM, the driver of the said vehicle was proceeding from Mylara to Tharmasthala near Savalanga road, the Tractor bearing Registration No.KA-17/TB-9592 came from opposite direction without observing traffic rules and regulations, in a rash and negligent manner dashed to the complainant’s vehicle which caused damage to the Maxi Cab was also sustained injuries to the inmates of the cab.  After that, Kumsi Police have registered a case in Crime No.28/2015 and seized both the vehicles.  It is further submitted that, after the incident, the complainant has intimated the same to the OPs by that time, the complainant took his vehicle to Murthi auto guarage and service Station and got estimated the repairs of the vehicle for Rs.2,94,990/-.  After the intimation received by the OPs, the OPs have appointed one surveyor by name Mujeer Ahammed to assess the damage caused to the said Maxi Cab.  The complainant has made several requests to the OPs but, the OPs have not settled the claim.  On 31.03.2017, OP No.2 has issued legal notice stating that, the claim of the complainant is repudiated due to violation of terms and conditions of the policy.  It is further submitted that, the OP No.2 is escaping from its legal liability on the false and untenable grounds in order to harass, loss and to give unnecessary trouble to the complainant on one or the other pretext.  The complainant has suffered both financial and mentally as the OPs have failed to settle the claim even though at the time of accident, the policy was in force.  The cause of action for this complaint arose on when the complainant has obtained the policy from the OPs and the OP No.2 has repudiated the claim of the complainant on 31.03.2017 which is within the jurisdiction of this Forum and hence, prayed for allow the complainant. 

3.      After issuance of notice to the OPs, OP appeared through Sri. K. Mohan Bhat, Advocate and filed version admitting that, the complainant has obtained policy from OP No.2 and at the time of accident, the policy was in force.  The main repudiation of the OPs is that, the seating capacity of the vehicle of the complainant is 11 + 1 but, the complainant’s vehicle is having 27 passengers at the time of accident and if the seating capacity is more than 20 passengers,  which is purely a violation of M.V
Act and the terms and conditions of the policy.  Further it is submitted that, the driver of the vehicle was not having a valid DL to drive the said vehicle, he is having only LMV DL and further submitted that, the complainant has obtained this vehicle for using commercial purpose, therefore, this Forum has no jurisdiction to entertain this complaint.  Further it is submitted that, after the information received from the complainant, the OPs have deputed one surveyor by name Mujeer Ahhamed to assess the damage caused to the vehicle. Further the OPs have appointed one more surveyor by name Ravichandra B.K, the said surveyor has submitted his final survey report on 02.03.2017.  According to the surveyor’s report, the damage caused to the vehicle was at Rs.2,23,413/- only.  Further the OPs prays that, this Hon’ble Forum kindly be pleased deduct 50% of the amount as assessed by the surveyor as per non-standard basis and hence, prayed for dismissal of the complaint. 

4.      The complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side. On behalf of OPs, one Sri. Malatesh C. Hallur, the Assistant Manager of the OPs has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to B-7 documents have been got marked and closed their side.    

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, OPs have committed deficiency in service in not settling the claim of the complainant and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant is the RC owner of Maxi Cab bearing Registration No.KA-64/0687 and the same has been insured with the OP No.2 under Policy No.604203/31/14/6360004284 valid from 13.10.2014 to 12.10.2015.  On 06.02.2015 at about 1-00 AM, the said Maxi Cab was proceeding Mylara to Tharmasthala near Savalanga, by that time, the Tractor bearing Registration No.KA-17/TB-9592 came from opposite side in a rash and negligent manner and dashed to the complainant’s vehicle.  Due to the said accident, the vehicle of the complainant was fully damaged and the complainant intimated the same to the concerned Police as well as to the OP No.2.  OP No.2 appointed one surveyor by name Mujeer Ahammed to assess the damage caused to the vehicle of the complainant.  After that, the OP No.2 has appointed another person by name Ravichandra to assess the damage caused to the said vehicle.  The said Ravichandra  has assessed the damage caused and given report to the OP No.2 stating that, the vehicle is loss of damage is at Rs.2,21,413/-.  The Advocate for the OPs has argued that, the vehicle of complainant was carrying 27 passengers instead of 12 i.e., the seating capacity which is violation of M.V Act and the terms and conditions of the policy.  Further, the OPs have submitted that, the OP No.2 is ready to pay a sum of Rs.2,34,413/- after deducting 50% of the salvage.

9.      We have gone through the entire documents filed by the complainant and OPs.  It is clear from the documents that, the vehicle of the complainant met with an accident near Savalanga on 06.02.2015 at about 1-00 AM and the vehicle was fully damaged.  The complainant has intimated the same to the Police and also to the OPs.  OP No.2 appointed surveyor to assess the damages caused to the vehicle.  After the estimation made by the Surveyor, the loss caused to the vehicle was estimated at Rs.2,23,413/- and further the OPs agreed that if the Forum comes to the conclusion to award compensation in favour of the complainant, they have no objection to order and award after deducting 50% of the salvage as per the Surveyor’s report.  But, as per the documents and exhibits produced by the complainant, it clearly shows that, the vehicle of the complainant was fully damaged and the quotation submitted by the Maruthi Auto Garage is at Rs.2,23,413/-.  As per the non-standard basis, the amount is to be deducted only 25% of the report given by the Surveyor.  Hence, the complainant is entitled for a sum of Rs.1,65,000/- after deducting the salavage on non-standard basis.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

            It is further ordered that, the OPs are hereby directed to pay a sum of Rs.1,65,000/- along with interest at the rate of 12% p.a from the date of accident i.e., on 06.02.2015 till realization.     

It is further ordered that, the OPs are hereby directed to pay a sum of Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant. 

            It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 25/06/2018 and it is pronounced in the open Court after our signatures)         

 

 

                                     

 MEMBER                                                   PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. Malatesh C. Hallur, the Assistant Manager of the OPs by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Charge Sheet
02	Ex.A-2:-	FIR
03	Ex-A-3:-	Statement of Kiran Kumar
04	Ex-A-4:-	Spot Panchanama
05	Ex-A-5:-	Spot sketch
06	Ex-A-6:-	Motor Vehicles Accident Report

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Policy copy
02	Ex.B-2:-	Letter issued to complainant and acknowledgement
03	Ex-B-3:-	Motor claim form
04	Ex-B-4:-	DL
05	Ex-B-5:-	B-Register Extract
06	Ex-B-6:-	Final Survey report with photos
07	Ex.B-7:-	Charge Sheet

 

 

 

MEMBER                                                            PRESIDENT

Rhr**