Karnataka

Chitradurga

CC/119/2016

P.M.Umapathi S/o G.Mahadevaiha - Complainant(s)

Versus

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

Sri.H.Manjappa

23 Feb 2017

ORDER

COMPLAINT FILED ON:09.12.2016

DISPOSED      ON:23.02.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 119/2016

 

DATED:  23^rd FEBRUARY 2017

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

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,                   

……COMPLAINANT	P.M. Umapathi, S/oG. Mahadevaiah, Age: 58 Years, Advocate, Stadium Road, Near Anjeneyaswamy Temple, Chitradurga.      (Rep by Sri. H. Manjappa, Advocate)
V/S
…..OPPOSITE PARTY	The Divisional Manager, United India Insurance Co. Ltd., Divisional Office, Akkamahadevi Road, Davanagere.   (Rep by Sri.B.M. Ravichandra, 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 OP to pay Rs.73,000/- with interest at 18% p.a, Rs.15,000/- towards mental agony, damages and toeing charges with cost of Rs.10,000/-.

2.      The brief facts of the case of the above complainant are that, complainant is the RC owner of Car bearing Reg. No.  KA-16 M-7220 and the same was insured with OP under policy No.2411853115P116009598 valid for the period from 28.03.2016 to 27.03.2017 by paying premium amount of Rs.11,096/- and the IDV value is Rs.6,20,000/-. Complainant was going to Hiriyur on 04.08.2016 in the said car and when he came to Chitradurga at about 5-30 PM, on NH-4 suddenly one dog came in-front of the car and dashed the car.  In order to avoid the same, car met with an accident and the same intimated to the OP.  Due to the accident, front portion of the car got damaged i.e., radiator, bumper and other parts as per the estimation made by the surveyor.  It is further submitted that, on 05.08.2016 the said car was sent to the Cauvery Motors Pvt. Ltd., Shimoga for repairs by toeing the same from Chitradurga to Shimoga by paying Rs.5,250/-.  Therein the estimation bill was prepared by the Surveyor for Rs.1,82,362/-.  The said car was in the said show room from 05.08.2016 to 23.08.2016 for repairs.  The final bill was prepared for Rs.1,48,209/- and the said amount was paid on 23.08.2016.  The said final bill was sent to the OP for settlement.  Surprisingly, OP credited the amount of Rs.75,209/- to the account of the complainant but, so far not received any intimation by the OP.  The said intimation was known to the complainant when he got entry of his pass book.  It is further submitted that, the complainant called the OP by telephone to give explanation for depositing of amount of Rs.75,209/- against the claim amount of Rs.1,48,209/-.  The complainant had not received any proper explanation from the OP.  The amount given by the OP to the complainant for Rs.75,209/- is very low and without any basis.  The complainant suffered mentally and financially.  The cause action for the complaint arose on 04.08.2016 when the car met with an accident and OP depositing a sum of Rs.75,209/- 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 8 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 private car package policy bearing No.2411853115P116009598 from OP Company to his vehicle bearing No.KA-16 M-7220 in favour of complainant for the period from 28.03.2016 to 27.03.2016 and the said policy covers PA to owner/driver for an amount of Rs.2,00,000/- and the said vehicle was covered by own damage for total  value of Rs.6,20,000/- subject to terms and conditions of the policy.  It is further submitted that, complainant’s vehicle met with an accident on 04.08.2016 at about 5-30 PM near NH-4 road, Chitradurga.  For the same intimated by the complainant to the OP on 05.08.2016 through claim intimation letter made in favour of Divisional Manager, United India Insurance Co.Ltd., Divisional Office, Shimoga.  Then the OP has appointed one Surveyor by name H. Nataraj to assess the loss of the vehicle.  The surveyor assess the loss of the vehicle and he has given final survey report dated 30.08.2016 to the OP stating that, the insurers liability subject to policy of insurance for Rs.81,889/- as per the terms of the policy and compulsory excess was deducted Rs.1,000/-.  The assessment of the surveyor is only a recommendation, acceptance of the same depends upon the other factors like RC, DL and violation of terms and conditions of the policy.  After receiving the final report, the complainant has given claim form along with estimation and he has also given one claim form calling upon United India Insurance Co Ltd., to settle his claim.  It is further submitted that, after receiving the final report, the OP has paid a sum of Rs.75,300/- through NEFT to the complainant’s account in Pragati Krishna Grameena Bank, Chitradurga.  This fact is known to the complainant and further he has also given oral concern for payment.  The OP has paid a sum of Rs.75,300/- towards full and final settlement to 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 is got marked. 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-4 documents have been got marked.   

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 in 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 Car bearing Reg. No.  KA-16 M-7220 and insured the same with OP under policy No.2411853115P116009598 for the period from 28.03.2016 to 27.03.2017 by paying premium amount of Rs.11,096/-.  The IDV value of the said vehicle is Rs.6,20,000/-.  On 04.08.2016 complainant was going to Hiriyur in the said car and when he came to Chitradurga at about 5-30 PM, on NH-4 suddenly one dog came in-front of the car and dashed the car.  Due to the accident, front portion of the car got damaged i.e., radiator, bumper and other parts as per the estimation made by the surveyor.  It is further argued that, on 05.08.2016 the said car was sent to the Cauvery Motors Pvt. Ltd., Shimoga for repairs by paying toeing charges of Rs.5,250/-.  The estimation bill was prepared by the Surveyor for Rs.1,82,362/-.  The said car was in the said show room from 05.08.2016 to 23.08.2016 for repairs.  The final bill was prepared for Rs.1,48,209/- and the said amount was paid on 23.08.2016.  The said final bill was sent to the OP for settlement but, OP credited the amount of Rs.75,209/- to the account of the complainant but, the OP has not paid the remaining amount, the same was known to the complainant when he got entry of his pass book.  The complainant called the OP by telephone to give explanation for depositing of amount of Rs.75,209/- against the claim amount of Rs.1,48,209/-.  The complainant had not received any proper explanation from the OP.  The amount given by the OP to the complainant for Rs.75,209/- is very low and without any basis, which caused the complainant suffering both mental and financial.  

9.      In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like Tax Invoice dated 29.03.2012 issued by Cauvery Motors Pvt. Ltd., Shimoga for Rs.1,48,209/- marked as Ex.A-1.

10.    On the other hand, it is argued and admitted by the OP that, the complainant has obtained private car package policy bearing No.2411853115P116009598 from OP Company to his vehicle bearing No.KA-16 M-7220 in favour of complainant for the period from 28.03.2016 to 27.03.2016 and the said policy covers PA to owner/driver for an amount of Rs.2,00,000/- and the said vehicle was covered by own damage for total  value of Rs.6,20,000/- subject to terms and conditions of the policy.  The said vehicle met with an accident on 04.08.2016 at about 5-30 PM near NH-4 road, Chitradurga, the same was intimated by the complainant to the OP on 05.08.2016 through claim intimation letter made in favour of Divisional Manager, United India Insurance Co.Ltd., Divisional Office, Shimoga.  The OP has appointed one Surveyor by name H. Nataraj to assess the loss of the vehicle and has given final survey report on 30.08.2016 to the OP stating that, the insurers liability subject to policy of insurance for Rs.81,889/- as per the terms of the policy and compulsory excess was deducted Rs.1,000/-.  The assessment of the surveyor is only a recommendation, acceptance of the same depends upon the other factors like RC, DL and violation of terms and conditions of the policy.  After receiving the final report, the complainant has given claim form along with estimation and he has also given one claim form calling upon United India Insurance Co Ltd., to settle his claim.  After receiving the final report, the OP has paid a sum of Rs.75,300/- through NEFT to the complainant’s account in Pragati Krishna Grameena Bank, Chitradurga.  This fact is known to the complainant and further he has also given oral consent for the same.  The OP has paid a sum of Rs.75,300/- towards full and final settlement to the complainant.   When the same has been paid, there is no deficiency of service on the part of OP.           

11.    In support of their contention, the OP has filed affidavit evidence of its Divisional Manager and reiterated the contents of version and relied on the documents like insurance policy marked as Ex.B-1, claim intimation letter marked as Ex.B-2, motor claim form marked as Ex.B-3 and Motor final survey report marked as     Ex.B-4.

12.   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 car bearing Reg.No.KA-16, M-7220, the same has been insured with the OP under Policy No. 2411853115P116009598 from OP Company for the period from 28.03.2016 to 27.03.2016 and the said policy covers PA to owner/driver for an amount of Rs.2,00,000/- and the said vehicle was covered by own damage for total  value of Rs.6,20,000/- subject to terms and conditions of the policy.  The said vehicle met with an accident on 04.08.2016 at about 5-30 PM near NH-4 road, Chitradurga, the same was intimated by the complainant to the OP on 05.08.2016 through claim intimation letter.  The OP has not disputed about issuance of policy and the car met with an accident and the policy was in force at the time of accident.  The Surveyor of the OP has given final survey report.  As per the surveyor’s report, the OP has send the amount of Rs.75,300/- to the complainant’s account against the Invoice given by Cauvery Motors Pvt. Ltd., Shimoga.  The remaining amount is only 73,000/-.  As per the Tax Invoice, the OP has to pay the remaining amount of Rs.73,000/- to the complainant.  OP never disputed any points stated in the complaint.  OP has not taken any consent letter from the complainant.  OP blindly deposited the amount to the account of the complainant without taking consent letter from the complainant.  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.          

            13.     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.30,000/- towards compensation along with interest at the rate of 9% p.a from the date of filing of the complaint till realization.   

It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony.

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

It is further ordered that, the OP is hereby directed to comply the above order within 45 days from the date of this order.

 

 (This order is made with the consent of Member after the correction of the draft on 23/02/2017 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:-

Tax Invoice dated 29.03.2012

 

Documents marked on behalf of OP:

 

01	Ex.B-1:-	Insurance policy
02	Ex.B-2:-	Claim intimation letter
03	Ex.B-3:-	Motor claim form
04	Ex.B-4:-	Motor final survey report

 

 

MEMBER                                                            PRESIDENT

Rhr**