Karnataka

Chitradurga

CC/69/2017

C.M.Girisha S/o C.H.Mallikarjunappa - Complainant(s)

Versus

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

Sri.S.veeresh

16 Dec 2017

ORDER

COMPLAINT FILED ON:23.06.2017

DISPOSED      ON:16.12.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 69/2017

 

DATED:  16^th DECEMBER

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

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,                   

……COMPLAINANT	C.M.Girisha, S/o C.H. Mallikarjunappa, Age: 45 Years, Owner of Tractor-Trailer bearing No.KA-16 TA-3072-3073, R/o Avalahally, Bangarakkanahally Post, Chitradurga Taluk and District.      (Rep by Sri.S. Veeresh, Advocate)
V/S
…..OPPOSITE PARTY	The Branch Manager, United India Insurance Co. Ltd., Branch Office, DRM Hospital Complex, Neelakanteshwara Badavane, Holalkere Road, Chitradurga.   (Rep by Sri.B.M. Ravichandra, Advocate)

 

ORDER

SRI. N. THIPPESWAMY  : MEMBER

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.1,06,074/- towards damages and Rs.4,500/- towards mental agony and such other reliefs.

2.      The brief facts of the case of the above complainant are that, complainant is the RC owner of Tractor-Trailer bearing Reg. No.  KA-16 TA-3072-3073 and the same was insured with OP under policy No.2408003114P109321730/1 valid for the period from 27.02.2015 to 26.06.2016 by paying premium amount of and the IDV value is Rs.1,84,286/-. It is further submitted that, on 01.11.2015 the same was met with an accident and fully damaged.  The complainant has intimated about the same to the OP.  It is further submitted that, the complainant has put the vehicle before Sri. Ranganatha Motors, Shivanaradamuni Traders and S.M. Engineering Works, Chitradurga for repairs.  The repaired was of Rs.43,474/-, Rs.18,000/- and Rs.3,600/- respectively.  After the accident, the complainant has intimated the same to the OP, after the intimation from the complainant, the OP has appointed one surveyor D.V. Sanjay for estimation of the same.  The surveyor estimated the cost of the repair charge was of Rs.17,760-85.  The OP asked the complainant to produce necessary documents for settlement of the claim.  The complainant has furnished all the necessary documents to the OP for settlement of the claim but, the OP failed to settle the claim.  The complainant asked the OP for so many times over phone.  The cause action for the complaint arose on 01.11.2015 when the vehicle and OP neglected to settle the claim which is within the jurisdiction of this Forum. 

3.      On service of notice OP appeared through Sri. B.M. Ravichandra, Advocate and filed version stating that, the allegations made in para 1 to 9 are which are not specifically admitted and hereby denied as false.  The complainant has not approached this Forum with clean hands.  It is admitted by the OP that, the complainant has obtained policy bearing No.2408003114P109321730/1 valid for the period from 27.02.2015 to 26.06.2016 from OP Company to his vehicle bearing No.KA-16 TA-3072-3073.  The IDV of the said vehicle is of Rs.1,84,286/-.   It is further submitted that, complainant’s vehicle met with an accident on 01.11.2015 near Mallapura Gollarahatti village, Chitradurga Taluk.  The same was intimated by the complainant to the OP on the same day. After the said intimation, the OP has appointed one Surveyor by name D.V. Sanjay to assess the loss caused to the vehicle.  The surveyor assess the loss of the vehicle and he has given final survey report on 10.05.2016 to the OP stating that, the loss of the damaged vehicle is of Rs.17,760-85.  As per the survey report, the OP has deposited the amount of Rs.18,000/- before this Forum through DD No.805826 dated 28.07.2017.  As per the survey report, the OP has deposited the amount.   The complainant have not received the amount deposited by the complainant.  When the same has been paid, there is no deficiency of service on the part of OP and prayed for dismissal of the complaint.         

4.      Complainant has examined as PW-1 by filing affidavit evidence and the document Ex.A-1 to A-9 are got marked and closed his side. On behalf of OP one Sri. Surendra P. Gaonkar, Divisional Manager examined as DW-1 by filing affidavit evidence and Ex.B-1 to B-6 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 the OP has committed deficiency of service for non-settling the claim made by him 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 Tractor-Trailer bearing Reg. No. KA-16 TA-3072-3073 and the same was insured with OP under policy No.2408003114P109321730/1 valid for the period from 27.02.2015 to 26.06.2016. The IDV value of the said vehicle was Rs.1,84,286.  On 01.11.2015 the same was met with an accident near Mallapura Gollarahatti village and fully damaged.  The same was intimated to the OP.  Thereafter, the complainant put the vehicle before Sri. Ranganatha Motors, Shivanaradamuni Traders and S.M. Engineering Works, Chitradurga for repairs.  The cost of the repair of the said vehicle was of Rs.43,474/-, Rs.18,000/- and Rs.3,600/- respectively in all Rs.95,000/-.   After the intimation from the complainant, the OP has appointed one D.V. Sanjay, Surveyor for estimation of the same who in turn estimated the cost of the repair charges for     Rs.17,760-85.  As per the Exhibits produced by both the sides, there is no dispute with regard to the accident. The OP is also produced the bills for having repaired the vehicle.  The bills produced by both parties are one and the same.   After filing of this complaint, the OP has deposited the amount of Rs.18,000/- before this Forum through DD.  Now the OP has committed a deficiency in service for settling the claim made by the complainant.  The OP is still due in a sum of Rs.50,338/-.   

 9.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, complainant is the RC owner of Tractor-Trailer bearing Reg.No.KA-16, TA-3072-3073, the same has been insured with the OP under Policy No. No.2408003114P109321730/1 valid for the period from 27.02.2015 to 26.06.2016 for an IDV value of Rs.1,84,286/- subject to terms and conditions of the policy.  The said vehicle met with an accident on 01.11.2015 near Mallapura Gollarahatti village, Chitradurga Taluk and the same was intimated by the complainant to the OP on the same day.   As per the exhibits produced by the complainant, it clearly shows that, the complainant the left the vehicle for repairs and the same was repaired.  The cost of the repair was at Rs.95,000/-.  But, the OP has deposited only Rs.18,000/- before this Forum after filing of this complaint through DD as per the Surveyor’s report.   The remaining amount is of Rs.77,000/-.  After deducting the salvage, the Forum comes to the conclusion that, the complainant is liable to receive an amount of Rs.53,338/- along with interest.  OP blindly deposited the amount before this Forum.  Therefore, the OP has committed a deficiency in service in settling the claim made by the complainant.  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 C.P Act 1986 is partly allowed.

It is ordered that, the OP is hereby directed to pay a sum of Rs.50,338/- towards damages caused to the vehicle along with interest at the rate of 9% p.a from 10.05.2016 till realization.   

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceeding.  

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

 

 (This order is made with the consent of President after the correction of the draft on 16/12/2017 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 OP:

Sri. Surendra P. Gaonkar, Divisional Manager examined as DW-1 by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex.A-1:-	FIR dated 01.11.2015 in Cr.No.375/2015
02	Ex.A-2:-	Statement of Sri. Thippeswamy
03	Ex.A-3:-	Motor Accident Report
04	Ex.A-4:-	Charge sheet
05	Ex.A-5:-	Quotation dated 06.11.2015
06	Ex.A-6:-	Estimation
07	Ex.A-7:-	Estimation
08	Ex.A-8:-	Invoice
09	Ex.A-9:-	Job Card/Service Invoice

 

Documents marked on behalf of OP:

 

01	Ex.B-1:-	Insurance policy
02	Ex.B-2:-	Survey Report
03	Ex.B-3:-	Loss Assessment
04	Ex.B-4:-	Cash Bill
05	Ex.B-5:-	Invoice dated 05.04.2015
06	Ex.B-6:-	Settlement Intimation voucher

 

MEMBER                                                            PRESIDENT

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