BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri T.Sundara Ramaiah, B.Com B.L., President

And

Sri M.Krishna Reddy, M.Sc., M.Phil., Male Member

Tuesday the 1^st day of March, 2011

C.C.No. 44/10

Between:

S. Lakshmi Narayana, S/o. S.Venkateswarulu,

H.No.3-3, Gajulapally Village,  Mahanandi Mandal, Kurnool District.       

                                …Complainant

                                          -Vs-

1. The Divisional Manager, Divisional Office III (CBU),The Oriental Insurance Company Limited,    

    Rosy Towers, 2^nd floor, No.7,Nungabakkam High Road, Chennai-600 034.       

2. The Branch Manager,Shriram Transport and Finance Company Limited,

    H.No.2-414 A, 1^st Floor, TTD Road,Opp. Raj Theatre, Nandyal - 518 501 Kurnool District.

                          …Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri M. Sivaji Rao, Advocate, for complainant and Sri V.V. Augustine, Advocate, for opposite party No.1 and Sri N.Guru Shankaraiah, Advocate, for opposite party No.2 upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri T.Sundara Ramaiah, President)

                                       C.C. No. 44/10

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying :-

(a)    To direct the opposite party No.1 to pay Rs.69,000/- towards damages with interest at the rate of 24% from the date of accident to i.e. 07-06-2008 till the date of realization;

(b)    To grant a sum of Rs. 30,000/- towards mental agony;

(c)    To grant the cost of the complaint;

1. To grant any other relief as the Hon’ble Forum deems fit and proper in the circumstance of the case.

2.    The case of the complainant in brief is as under:- The complainant

is the owner of the vehicle bearing No.AP21 W 1449.  The opposite party No.1 is the insurer of the said vehicle.  The opposite party No.2 is the financier of the said vehicle.  Opposite party No.1 issued policy bearing No.411300/31/2008/4313 in favour of the complainant.  The policy was in force from 26-06-2007 to 25-06-2008.  The said vehicle met with an accident on 07-06-2008 and it was damaged.  The complainant informed about the accident to the opposite parties.  The complainant also submitted claim form along with relevant documents to opposite party No.1 through opposite party No.2.  The surveyor appointed by opposite party No.1 estimated the loss at Rs.69,000/-.  Opposite party No.1 did not to pay the damages inspite of several demands.  The complainant got issued legal notice dated 18-11-2009 to the opposite parties. Opposite party No.1 did not give any reply.  Hence the complaint.

3.     opposite party No.1 filed written version, stating that the complaint is not maintainable.  It is admitted that opposite party No.1 issued insurance policy bearing No.411300/31/2008/4313 in favour of the complainant.  The police was in force from 26-06-2007 to              25-06-2008 opposite party No.1 has not received any intimation about the alleged accident.  No spot surveyor was appointed as the vehicle was moved out of the accident spot.  After receiving the intimation of the accident to the lorry, opposite party No.1 appointed Sri Samad Khan as final surveyor.  He submitted his report assessing the loss to a tune of Rs.69,000/-.  The complainant not submitted the English Version of F.I.R.  Opposite party No.1 informed the representative of the complainant to submit the documents like R.C., Permit etc.  For the notice got issued by the complainant, opposite party No.1 gave a reply calling for documents required.  The claim could not settled due to non Co-operation of the complainant.  There is deficiency of service on the part of opposite party and complaint is not maintainable.

        Opposite party No.2 filed written version stating that the complaint is not maintainable.  Opposite party No.2 is not a proper and necessary party.  Opposite party No.2 is a financier.  Opposite party No.2 gave finance to the complainant to purchase the vehicle.  The documents received from the complainant regarding to settlement of the claim are forwarded to opposite party No.1.  There is no deficiency of service on the part of the opposite party no.2.  It is opposite party No.1 who is liable to settle the claim of the complainant.  The complaint is liable to be dismissed. 

4.     On behalf of the complainant Ex.A1 to A12 are marked and sworn affidavit of the complainant is filed.  On behalf of the opposite parties Ex.B1and B2 are marked and sworn affidavits of opposite parties 1 and 2 are filed.

5.     Both sides filed written arguments.

6.     The points that arise for consideration are:

1. Whether there is deficiency of service on the part of the Opposite Parties?

1. Whether the complainant is entitled to the reliefs as prayed for?

(c)                To what relief?

7. POINT No.1 & 2: It is the case of the complainant that he is the owner of the vehicle bearing No.AP21 W 1449.  To prove the same the complainant filed Ex.A1 copy of the registration certificate issued by the R.T.O., Kurnool where in it is mentioned that the complainant is the owner of the vehicle bearing No.AP21 W 1449.  Admittedly opposite party No.1 issued the policy Ex.A2 bearing No.411300/31/2008/4313 in favour of the complainant in respect of his vehicle bearing No.AP21 W 1449.  The said policy was in force from 26-06-2007 to 25-06-2008.   It is the case of the complainant that his vehicle was damaged in the accident that took place on 07-06-2008.  The complainant to prove the accident relied on Ex.A4 copy of F.I.R. in Crime No.49/2008 of Kodavalur Police Station in Nellore District.   It is mentioned in Ex.A4 that the lorry of the complainant met with an accident on 07-06-2008.  It is the case of the complainant that immediately after the accident he submitted the claim form along with relevant documents to opposite party No.1 and that opposite party No.1 appointed a surveyor.  Opposite party No.1 filed Ex.B2 copy of the final surveyors report.  In the said report it is mentioned that the liability of insurer is Rs.69,000/-.  It is the case of the opposite party No.1 that it could not settle the claim of the complainant as he filed to submit the documents like R.C, Permit etc.  In Ex.B2 final report there is mention about the particulars in the said documents.  Admittedly prior to the filing of present complainant, the complaint gave a notice dated 18-11-2009.  Opposite party No.1 received the said notice and gave reply Ex.B1 dated 16-02-2010.  In Ex.B1 also it is mentioned that English Translation of F.I.R. etc, are required.  The accident took place on 07-06-2008.  The final surveyor filed his report Ex.B2 on         10-12-2008.  Admittedly reply was issued by opposite party No.1 to the complainant requesting the complainant to submit the documents like R.C., Permit etc.  The opposite party No.1 kept quite till the complainant gave a legal notice dated 18-11-2009.  The delay in settling the claim by opposite party No.1 amounts to deficiency of service.   As already stated the final surveyor assessed the damage caused to the vehicle of the complainant at Rs.69,000/-.   The report of the final surveyor must be given due to weight.  The complainant is entitled to said amount of Rs.69,000/- as damages.

9.     In result, the complaint is partly allowed directing the opposite party No.1 to pay to the complainant damages of Rs.69,000/- with interest at 9% per annum from the date of the complaint i.e                       25-11-2009 till the date of payment along with cost of Rs. 500/-.  Complaint against opposite party No.2 is dismissed.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 1^st day of March, 2011.

  Sd/-                                                                          Sd/-

       MEMBER                                                               PRESIDENT

      APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil                  For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1        Photo copy of Certificate of Registration issued by R.T.O., Kurnool.

Ex.A2.       Photo copy of motor insurance certificate

cum policy schedule.

Ex.A3                Photo copy of driving license of S.Vijaya Kumar.

Ex.A4        Photo copy of F.I.R. No.49/2008 of Kodavalur Police Station dt.08-06-2008.

Ex.A5                Photo copy of National Permit.

Ex.A6                Photo copy of reinspection survey report,

Dated 11-12-2008.

Ex.A7                Photo copy of Final Report, dated 10-12-2008.

Ex.A8                Photo copy of Photos.

Ex.A9                Photo copy of loading receipt, dt.10-06-2008

for Rs.3,000/-.

Ex.A10       Photo copy of A bunch of Bills.

Ex.A11       Office copy of legal notice dt.18-11-2009 along with speed post receipt.

Ex.A12       Reply notice of opposite party No.2 dt.20-11-2009.

List of exhibits marked for the opposite parties:-

Ex.B1                Letter Dated 16-02-2010.

Ex.B2                Motor final survey report dt.10-12-2008.

                Sd/-                                                                     Sd/-

     MALE MEMBER                                                       PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

Copy was made ready on :

Copy was dispatched on   :