BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GADAG. Basaveshwar Nagar, Opp: Tahasildar Office, Gadag COMPLAINT NO.16/2022 DATED 30th DAY OF JULY-2022 |
BEFORE: | | | HON'BLE MR. D.Y. BASAPUR B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER |
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Complainant/s: 1) Hanumantappa S/o Malleshappa Parasannavar, Age:48 Yrs,
R/o Gojanur, Tq:Shirahatti, Dist:Gadag.
(Rep. by Sri. C.R.Vadakannavar, Advocate)
V/s
Respondents :- | 1) | The Divisional Manager, Chola M.S.General Insruance Co., Ltd., Desai Cross, Deshpande Nagar, Hubli. (Absent) |
JUDGEMENT
JUDGEMENT DELIVERED BY SRI. D.Y. BASAPUR, PRESIDENT
The complainant has filed the complaint U/Sec.35 of the C.P. Act, 2019, for recovery of damage a sum of Rs.2,00,000/- with interest @ 18% p.a., towards mental agony Rs.50,000/- and cost of Rs.10,000/.
1. The brief facts of the complaint are as under:
Complainant is owner of Tractor bearing No.KA-26/TA-8956 and got insured with OP a Policy bearing No.3380/01774035/000/00 for the period from 31.07.2020 to 30.07.2021. On 20.01.2021 the said tractor met with an accident on the way to Akkigund-Laksmeshwar road Near Koulelammana Temple, due to rash and negligent driving by the driver and caused damage to the entire vehicle to an extent of Rs.1,00,000/- The complaint was lodged at Lakshmeshwar P.S. in crime No.06/21. The said tractor was taken
to Sri. Prakash Motors Gadag at Mahindra Showroom for repairs. Thereafter, complainant personally informed the OP. OP informed that after conducting survey they would settle the claim. Inspite of repeated request, OP dragged on the matter and complainant finally issued a notice but they have not settled the claim. Hence, filed this complaint.
2. After registering the complaint, notice was issued to OP, who remained absent.
3. To prove the case, the complainant has filed affidavit evidence and examined as PW-1 and got marked the documents as Ex.C-1 to Ex.C-16.
4. Heard the counsel for complainant.
5. The points for our consideration arose are as under:
i) Whether the complainant proves that, there is a deficiency of service on the part of OP?
ii) Whether the complainant is entitled for the relief?
iii) What order?
6. Our findings on the above points are as under:
Point No.1: Affirmative.
Point No.2: Partly affirmative.
Point No.3: As per final order.
REASONS
7. Point No.1 & 2:- Learned counsel for the complainant argued that as per the evidence of PW-1 and documents Ex.C-1 to Ex.C-16 complainant has proved the case.
8. On careful perusal of the materials placed before the Commission, PW-1 has reiterated the contents of the complaint in the affidavit and he has stated that the complainant is owner of Tractor bearing No.KA-26/TA-8956 and got insured with OP a Policy bearing No.3380/01774035/000/00 for the period 31.07.2020 to 30.07.2021. On 20.01.2021 the said tractor met with an accident, on the way to Akkigund-Laksmeshwar road near Koulelammana Temple, due to rash and negligent driving by the driver and caused damage to the entire vehicle to the extent of Rs.1,00,000/- The complaint was lodged at Lakshmeshwar P.S. in crime No.06/21. The said tractor taken to
Sri. Prakash Motors Gadag at Mahindra Showroom for repairs. Thereafter, informed the OP. OP informed that after conducting survey, they would settle the claim. Inspite of repeated request, OP dragged on the matter and finally complainant issued notice but they did not settle the claim.
9. Ex.C-1 FIR, Ex.C-2 complaint, Ex.C-3 Spot panchanama
Ex.C-4 Motor Vehicle Accident report, Ex.C-5 Charge sheet, Ex.C-6 list of witness, reveal that immediately after accident the complaint was lodged. After investigation charges sheet was filed Ex.C-7 R.C. reveals that the complainant is the owner of tractor KA-26/TA-8956, Ex.C-8 insurance policy reveals that as on the date of accident insurance was valid, Ex.C-9 D.L. of the driver. Ex.C-10 to Ex.C-12 Photos reveals that tractor met with an accident and caused damage. Ex.C-13 estimate prepared by Shri. Prakash Motors Gadag, reveals that total amount for repair of the tractor is Rs.54,641/-.
10. Of course, neither complainant nor Op got the survey report done immediately after accident. Complainant is claiming compensation in complaint Rs.1,00,000/-. But in the affidavit he is claiming Rs.2,00,000/- for damage. Complainant has not produced the survey report. However, on Ex.C-3 mahazar conducted by I.O. Lakshmeshwar P.S. reveals that the damage caused to the parts of the tractor are silencer pipe, bonnet, left side mudguard and left side indicator. Ex.C-4 Motor vehicle accident report issued by Motor Vehicle Inspector reveals that damages caused are engine bonnet, silencer, left side mudguard. So, Ex.C-4 is corroborated to the damages shown in Mahazar in Ex.C-3 Ex.C-10 to Ex-12 Photo’s, supported estimate
Ex.C-13. Of course in Ex.C-13 total damage and repairs are shown at Sl.No.1 to 15. At the time of conducting mahazar as well as inspection by Motor Vehicle Inspector they mentioned the major damage caused to parts of the tractor. Mahazar and inspection report are not a conclusive proof of evidence to show the damage. At the time of repair in the garage naturally for additional, small repairs will be found. Of course, complainant has not produced the receipt for amount paid to the garage owner. However, the complainant being an agriculturist, who is in using tractor for agriculture purpose he has not insisted for issuance of charges paid to the garage owner. Merely bills not produced by the complainant is not a ground to disallow the compensation. Moreover OP has not appeared before the commission and filed the written version or survey report to disbelieve the case of the complainant. Ex.C-15 postal receipt and Ex.C-16 Postal acknowledgement, clearly goes to show that Ex.C-14 legal notice was issued by counsel of the complainant and was duly served. As per Ex.C-16 OP has put the signature and seal. However, OP did not settle the claim or replied to the notice. Even after registering the case, notice was delivered to the OP as per postal endorsement issued by postal department. Such being the case, the oral and documentary evidence of complainant remained unchallenged by the OP. So there is no reasons to disbelieve the evidence of the complainant. Hence, complainant proved that OP has committed the deficiency of service. For settling the claim in the absence of bills and survey report and on the basis of Mahazar inspection report, Photo’s and estimate report; it is just and proper to award reasonable damage a sum of Rs.45,000./- with interest @ 9% p.a. from the date of complaint till realization.
11. Complainant being a agriculturist has suffered mental agony due to non-settlement of claim by OP and also he has spent an amount towards costs of the proceedings. Accordingly, we answer point No.1 in affirmative and point No.2 partly in affirmative.
12. Point No.3:- In the result, we pass the following:
//O R D E R//
The complaint is filed u/Sec.35 of the Consumer Protection Act, 2019 and is hereby partly allowed.
The complainant is entitled towards damage a sum of Rs.45,000/- (Rupees Forty Five Thousand Only) with interest @ 9% p.a. from the date of complaint till realization.
Further, complainant is entitled for Rs.20,000/- (Rupees Twenty Thousand only) towards mental agony and Rs.10,000/- (Rupees Ten Thousand Only) towards cost of the proceedings.
Office is directed to send the copies of this order to the parties free of cost.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us in the Open Court on this 30th day of
July-2022)
,
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
-: ANNEXURE :-
EVIDENCE ON BEHALF OF COMPLAINANT/S:
PW-1: Hanumantappa S/o Malleshappa Parasannavar,
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 : Copy of FIR.
Ex.C-2 : Copy of complaint.
Ex.C-3 : Spot Panchanama.
Ex.C-4 : Copy of Motor Vehicles Accident report.
Ex.C-5 : Copy of charge sheet.
Ex.C-6 : copy of list of witness.
Ex.C-7 : Copy of certificate of registration.
Ex.C-8 : Copy of Motor policy schedule cum certificate of
insurance.
Ex.C-9 : Copy of D.L.
Ex.C-10 to 12 : Photo’s.
Ex.C-13 : Copy of Estimate.
Ex.C-14 : Copy of legal notice dtd:24.01.2022.
Ex.C-15 & 16 : Postal receipt and postal acknowledgement.
EVIDENCE ON BEHALF OF OP:
Nil
DOCUMENTS ON BEHALF OF OP:
Nil
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
