Karnataka

Chitradurga

CC/78/2021

Mr.Gangadhara.M s/o Marappa - Complainant(s)

Versus

The Branch Manager,Reliance general Insurance company ltd., - Opp.Party(s)

Sri.K.H.Sriramappa

27 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:78/2021

 

DATED: 27^th July 2022

 

PRESENT: -     Sri. M.I.SHIGLI. B.A., LL.M., PRESIDENT

                       Sri. G. SREEPATHI, B.COM., LL.B., MEMBER         

                        Smt. B.H. YASHODA. B.A., LL.B., LADY MEMBER

                               

                    

……COMPLAINANT/S	Mr.Gangadhara. M s/o Marappa . Aged about Years, Owner of Truck bearing No. KA 16 C 4308, R/o TB circle, Hiriyuru town, Chitradurga dist.   (Rep by Sri. K.H. Sriramappa, Advocate)
V/S
.….OPPOSITE PARTY/S	1. The Branch Manager, Reliance general Insurance company kudala Sangameshwara Arcade no.1, opp IDBI Bank, BD Road, Near KSRTC Bus stand, Chitradurga town.   (Rep. by OP-1 Sri B.M. Ravindra) 2. The Griverance Redressal Officer, Reliance general Insurance company ltd.,6th floor, Oberoi commerz, International Business park, Oberoi Garden city, Off westren Express Highway, Goregaon, Mumbai 400063   (OP No.2 Exparte )

:ORDER:

 

Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER

 

 

The above complaint has been filed by complainant U/s 35 of the Consumer Protection Act, 2019 for seeking the relief by praying to, direct the opposite parties to pay Rs.1,43,200/- to the complainant towards the loss of damages caused to his vehicle and direct the opponents to pay Rs.50,000/- towards compensation and to direct the opponents to pay of Rs.10,000/- towards the cost of the proceedings and grant such other reliefs as this Hon’ble Commission deems fit to grant under the circumstances of the above case in the interest of Justice.  

 The brief facts of the complaint:

2. It is started by the complainant that he is the registered RC Owner of the vehicle Truck bearing No.KA.16-C-4308 with Engine and Chassis No.GLE4L60020/- MAIZT 2GLKF2L73461. The said vehicle insured with the opponent No.1 vide policy No.140622123340000225 and the same is valid from 12/01/2021 to 11/01/2022 and opponents is the insurer of the said vehicle. The complainant has purchased the said vehicle for his livelihood. Further, it is stated by the complainant that the said vehicle met with an accident on 14/06/2021 at about at
7:30 am. Due to back tyre burst and hit to the tree in between the Dabbaghatta Kaimara Road, Madhugiri Taluk, on Sira and Madhugiri Road, front portion of he vehicle is completely damaged, front wind screen glass, dash board radiator, load body, damaged. Under chassis compressed bend in chassis frame damaged, tinker cabin damaged, beam bend cabin LH door damaged steering system, Front suspension, Crank case, bonnet damaged. The complainant has purchased spare parts for Rs.89,800/- to replace the damaged parts as per bill issued by the HSV Auto Garage Tumkur. The complainant has spent totally Rs.1,43,200/- towards the replacement and repair charges of the said damaged vehicle.

 

3. Then the complainant has intimated that on 12/07/2021 towards the accident caused to the vehicle and damages caused to vehicle and made claim with the opponents. The opponents Insurance company has appointed surveyor to asses the damaged vehicle and the surveyor assessed the loss and submitted report to the opponent and the complainant has not received any report from the opponent surveyor. Further, it is stated in the complaint that on 31/07/2021, the opponent has repudiated the claim of the complainant on the grounds that at the material time of loss the vehicle was carrying passengers exceeding the legal carrying capacity and the complainant is not carrying capacity. It is respectfully submitted that the complainant is not carry any passengers in the vehicle. The opponent No.2 has Repudiated the claim on the false grounds, which amounts to deficiency in service on the part of the opponents. The opponents committed unfair trade practice towards the complainant. Due to the repudiation of the claim, the complainant has suffered from shock and mental agony and loss caused to the complainant. Therefore, the complainant prays that the opponents are liable to pay loss of Rs.1,43,200/- caused to the complainant’s vehicle with compensation.

The cause of action and Jurisdiction for this complaint is comes under the purview of this Hon’ble commission.

 

4. The Opponents appeared through their advocate after receipt of summons from this Hon’ble commission before this Hon’ble commission and filed version. According to the version filed by the OP No.1 and 2. The opponents stated in the version that the opponent Insurance company has issued goods carrying commercial vehicle (GCV other than three wheelers public) package policy to the goods vehicle bearing Reg.No. KA-16-C-4308 for the period 12/01/2021 to 11/01/2022 in the name of Gangadhara S/o Marappa Covering the risk of own damages or the said vehicle bearing No. KA 16 C 4308 (IDV) is Rs.3,00,000/- and the said policy will be in force subject to confirmation of 64 VB terms and conditions of the policy and M.V. Act conditions.

 

5. Further stated that the complainant has intimated the accident of the vehicle bearing Reg. No. KA-16-C-4308 to Branch office, Reliance General Insurance Company Limited, Chitradurga, for that opponent insurance company has appointed one shiddanagowda, who is a surveyor and loss assessor for conducting final survey. After that the complainant has given criminal court papers, estimation along with claim form to the opponent insurance company. For that the final surveyor has conducted the final survey and given his report dated 17/06/2021 and he has assessed insurance company’s liability is Rs.30,582/-.

 

6. After obtaining the final survey report and criminal court papers the opponent insurance company has repudiated the claim of the complainant dated 30/07/2021 to the complainant stating him on careful perusal of the documents and the investigation in the matter, it was observed at the time of accident 9 persons were seated inside the vehicle  whereas its seating capacity per policy and registration certificate is two. At the material time of loss the vehicle was carrying passengers exceeding the legal carrying capacity. Further stated that the registered seating capacity of the vehicle bearing Reg. No. KA-16-C-4308 is two only i.e., driver and cleaner, and there were nine passengers excluding driver were travelled in the vehicle on the date of  accident, where in the seating capacity was two only, hence carrying of gratuitous passengers and excess passengers bearing Reg. No. KA-16-C-4308  was amount to violation of M.V. Act conditions and policy terms and conditions. Since passengers are not to be carried in goods vehicle, hence, it is a violation of policy terms and conditions and M.V. Act conditions. From the above said reasons, it shows the complainant has filed the complaint with flimsy and untenable grounds without any proper reasons and there is no deficiency in service on the part of opponent. Hence, the opponents prays for dismissal of the complaint with exemplary costs.

 

7. The complainant has examined as PW-1 and the documents were marked as Ex.A-1 to Ex.A-12 and closed the evidence on their side.

 

The opponents have examined as DW-1 and the documents were marked as DW-1 and closed the evidence of their side.

Complainant and opponents have filed their written Arguments. Argument of complainants and OPs were heard.

 

Now, the points that arise for our considerations for decision of above complaint are that;

1. Whether the complainant proves that he is the consumer of opposite parties?
2. Whether the complainant proves that he has spent Rs.1,43,200/- towards the replacement and repair charges of the said damaged vehicle and the complainant is entitled to get compensation?
3. Whether the complainant proves that the opponents are negligent and there is deficiency in service?
4. What Order?

Out finding on the above points are as follows:

1. Affirmative
2. Affirmative
3. Affirmative
4. As per final order

REASONS

Point No.1: The complainant has been examined as P.W.1, and documents marked as Ex.A-1 to Ex.A-12. The complainant is the owner of vehicle bearing KA-16-C-4308 as per Ex.A-3 is not disputed and also not disputed that the complainant is the consumer of the OPs as per Ex.A-1 & 2 and also the OP No.2 has admitted the same in version, para No.3 (a) that the complainant is the customer and consumer. As such, that it is not disputed that the complainant is the consumer of the OPs Therefore, the issue No.1 is considered as Affirmative.

 

Point No.2: The vehicle bearing No. KA-16-C-4308 met with an accident on 14/06/2021 and damages of the vehicle are not disputed as Ex.A-7 to Ex.A-11 photos and CD and opponents also do not dispute. As per the evidence of the complainant, the vehicle damages of Rs.1,43,200/- as per Ex.A-6 . But, as per opponents Assessment summary Ex.B-4, the complainants vehicle damages is assessed for Rs.30,582/-.

 

        That the opponents have stated that version and written Argument, on careful perusal of the documents and the investigation in the matter, it was observed, that at the time of accident of persons were seated inside the vehicle, whereas its seating capacity as per policy and registration certificate is two. At the material time of loss the vehicle was carrying passengers exceeding the legal carrying capacity. But, there is no evidences and documents to substantiate that at the time of accident, all persons were seated inside the vehicle. So, on this, this point is not to be considered.

 

        The Vehicle met with an accident on 14/06/2021 and the Insurance Policy of the vehicle period form 12/01/2021 to 11/01/2022 as per Ex.A-2 and Ex.B-1. So it is not disputed that at the time of accident, the policy was in force. So the Issue No.2 is considered as affirmative.

 

Point No.3 : The complainant has informed to the OP Insurance company through writing on 14/07/2021 as per Ex.A-5 about the occurrence of accident, but the opponent have not complied to the letter to pay the compensation to the complainant. Under these circumstances, on verifying all the documents filed by the complainant and OPs, it prima facie shows that the OPs have committed of their duty derelict in their duties and shows negligece and deficiency in service. As such, the Point No.3 taken into consideration as affirmative.

 

Point No.4 : As Discussed on the above points and for the reasons stated therein we pass the following

 

::ORDER::

        The complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 is Partly allowed.

It is ordered that the ops are hereby directed to pay the amount of Rs.80,000/- towards the loss caused to the complainant’s vehicle.

It is ordered that the ops are directed to pay compensation of Rs.10,000/- towards mental shock and mental agony of the complainant,

It is further directed to the opponents to pay Rs.10,000/- (Rupees Ten thousand only) towards compensation.

It is further directed to the opponents to pay of Rs. 5,000/- towards the cost of proceedings.

 It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order if the ops failed to comply the order. It will carry 6% interest p.a. from the date of maturity the complaint till its realization.

 

        Communicate the order to parties.

 

 (Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on 27^th July  2022.)

 

 

 

 

LADY MEMBER                 MEMBER                        PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:- Sri Gangadhara S/o Marappa, by way of affidavit    

           of evidence.  

 

Wetness examined behalf of opponents:

DW-1 & 2 : Santhosh.B.L. S/o B.N. Lakshminarayana Rao

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Repudiation letter dated 31/07/2021
02	Ex-A-2:-	Insurance Policy
03	Ex-A-3:-	R.C. Card copy Reg. No.KA16C4308
04	Ex-A-4:-	Driving Licence copy
05	Ex-A-5:-	Letter dated 14/07/2021
06	Ex-A-6:-	Credit Bill receipt No.1344 dated 07/09/2021
07	Ex-A-7:-	Vehicle photo copies 1
08	Ex-A-8:-	Vehicle photo copies 1
09	Ex-A-9:-	Vehicle photo copies 1
10	Ex-A-10:-	Vehicle photo copies 1
11	Ex-A-11:-	C.D.
12	Ex-A-12:-	Photo studio Bill Receipt

 

Documents marked on behalf of opponents:

 

01	Ex-B-1:-	Insurance Policy  copy
02	Ex-B-2:-	Motor Claim form copy
03	Ex-B-3:-	letter dated 31/07/2021
04	Ex-B-4:-	Assessment summary copy

 

 

 

 

LADY MEMBER                 MEMBER                        PRESIDENT

                          

  

 

GM