IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA Dated this the 18th day of March, 2010 Present : Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.108/08 Between: Jayasree Prakash, Ramanilayam, Konamankara, Adoor, Pathanamthitta. (By Adv. Sreelal) ..... Complainant And: - The Divisional Manager,
National Insurance Co., Nelson Complex, P.B.No.60, Kayamkulam. - The Branch Manager,
National Insurance Co. Ltd., Pathanamthitta. (By Adv. Sam Koshy) ..... Opposite parties O R D E R Smt. C. Lathika Bhai (Member): The complainant has filed this complaint against the opposite parties for getting a relief from the Forum. 2. The fact of the complaint is as follows: The complainant is the registered owner of the KL-26/0009 Ambassador Classic Car 2006 Model, which was insured with the opposite parties with policy No.570204/31/07/6100006291, valid from 28.6.07 to 27.6.08. On 21.1.08 the above said vehicle met with an accident at Konni Market Junction and sustained damages to the vehicle. The complainant intimated the matter to the Konni Police and after making the G.D entries the vehicle was removed to the authorised workshop, Marikar Industries for repairing. The complainant intimated the incident to the opposite parties and they appointed an insurance surveyor to assess the damages sustained to the vehicle. After completing the repairing work the vehicle was released to the complainant. For repairing the vehicle the complainant had paid an amount of Rs.39,454/- as the repairing charges. But the opposite parties allowed only an amount of Rs.16,578/- from the bill amount and they are not ready to pay the balance amount. Considering the model of the vehicle, only 10% of the amount is to be deducted from the total value of the damaged parts, but the opposite parties have sanctioned only less than 50% of the replaced parts. The acts of the opposite parties is a deficiency in service and hence the complainant filed this complaint for getting an order for directing the payment of balance repairing charges of Rs.22,876/- with interest along with compensation and cost. The complainant prays for granting the reliefs. 3. The opposite parties have filed a common version stating the following contentions: They have admitted the policy and its validity. There is no dispute that the complainant had lodged a claim for reimbursing the expenses incurred for repairing the vehicle. On receipt of the claim the opposite parties have appointed a surveyor to assess the damages sustained to the complainant’s vehicle. The surveyor had reported that the 6 items of spare parts to be replaced. Out of which 3 items suffered 10% depreciation and the other items have suffered 50% depreciation. The opposite parties have offered an amount of Rs.16,578/- after deducting the depreciation of the spare parts as per the terms and conditions including the labour charges. The opposite parties have duly processed the claim with due application of mind and there is no deficiency in service from them. Hence they prayed for the dismissal of the complaint. 4. The points for consideration in this complaint are the following:- (1) Whether the complaint is maintainable before this Forum? (2) Whether the complainant is entitled to get any relief as prayed for in the complaint? (3) Reliefs and Costs? 5. The evidence in this case consists of the oral evidence of the power of attorney holder of the complainant as PW1 and the Ext.A1 toA6 were marked from the side of the complainant. For the opposite parties, there is no oral evidence. The documents Ext.B1 and B2 are marked on the basis of the proof affidavit filed by the 2nd opposite party. After closure of the evidence, both sides heard. 6. The complainant’s case is that the complainant’s 2006 Model Ambassador Car met with an accident and sustained damages of some spare parts of the vehicle. The vehicle was insured with the opposite parties and accident occurred during the valid period. The vehicle was repaired by the authorised service centre and she had paid an amount of Rs.39,454/- as repairing charges. The complainant filed a claim form before the opposite parties for getting the repairing charges of Rs.39,454/-. But the opposite parties have allowed only an amount of Rs.16,578/- hence the complainant filed this complaint for getting reliefs as sought for in the complaint. 7. In order to prove the complainant’s case, the complainant’s power of attorney holder filed a proof affidavit and on the basis of the proof affidavit the documents produced were marked as Ext.A1 to A6. Ext.A1 is the power of attorney executed by the complainant in favour of PW1. Ext.A2 is the copy of the registration certificate of the complainant’s vehicle. Ext.A3 is the copy of the insurance policy certificate of the complainant’s vehicle. Ext.A4 is the copy of the estimate (6 pages) prepared by the Marakar Industries for repairing the vehicle. Ext.A5 is the copy of the G.D entry prepared by Konni Police for the accident occurred to the complainant’s vehicle. Ext.A6 is the cash receipt issued by the Marikar Motors for the payment of repairing charges of the vehicle by the complainant. Opposite party’s counsel cross-examined PW1. 8. According to the opposite parties, they have contended that they have paid an amount of Rs.16,578/- as the repairing charges of the vehicle on the basis of the survey report and terms and conditions of the policy. The claim was duly processed by the opposite parties with due application of mind and there is no deficiency in service from the part of them. 9. In order to prove the contentions of opposite parties, 2nd opposite party has filed a proof affidavit and documents. On the basis of the proof affidavit the documents produced were marked as Ext.B1 and B2. Ext.B1 is the survey report prepared by the insurance surveyor after inspecting the damages of the complainant’s vehicle. Ext.B2 is the terms and conditions of the policy issued to the complainant’s vehicle. 10. On going through the evidence in this case, Ext.A4 estimate prepared by the authorised workshop shows that an amount of Rs.39,454/- is required for repairing the damages of the complainant’s insured vehicle. Ext.A6 receipt issued by the Marikar Industries clearly proves that the complainant had paid the estimate amount for repairing the vehicle. 11. According to the opposite parties, they have admitted the policy and the claim filed by the complainant. On the basis of the Ext.B1 survey report they have processed the claim by allowing an amount of Rs.16,678/-. On a perusal of the Ext.B1 survey report, the surveyor had deducted 10% and 50% depreciation from the price of the replaced spare parts. As per the Ext.B2 terms and conditions of the policy the rate of deduction of depreciation for the age between to 2-year car is mentioned as 10% in respect of parts replaced. But the opposite parties have deducted depreciation at the rate of 50% for some spare parts replaced as per Ext.B1 survey report. It is against the terms and conditions of the policy. The complainant’s insured vehicle is a 2006 Model Classic Ambassador Car. Its date of registration is on 4.7.06 and the date of accident is on 21.1.08. Considering the age of the vehicle, the opposite parties are entitled to deduct only 10% depreciation from the price of the spare parts replaced as per Ext.B2 conditions of the policy. The opposite parties are liable to pay the price of the replaced parts after deducting 10% depreciation to the complainant. Moreover, an amount of Rs.1,000/- was deducted from the assessed amount as policy excess. On a perusal of the copy of the policy certificate, it is stated “imposed excess Rs.0”, “voluntary excess Rs.0”. The deduction of Rs.1,000/- as policy excess is illegal and unjustifiable. Hence, the non-payment of the claim amount as per the terms and conditions of the policy is a clear deficiency in service and the opposite parties are liable to compensate the same. In the circumstances, we find a clear deficiency in processing the complainant’s claim. The complainant is entitled to get the claim amount after deducting 10% depreciation for the replaced parts of the damaged insured vehicle from the opposite parties along with compensation and cost. Hence the complainant’s prayer can be allowed accordingly. 12. In the result, the complaint is allowed thereby the complainant is allowed to realize the balance repairing charges as per Ext.A6 receipt from the opposite parties after deducting 10% depreciation from the price of the replaced spare parts to the complainant’s insured vehicle. The opposite parties are also directed to pay an amount of Rs.3,000/- (Rupees Three Thousand only) as compensation along with a cost of Rs.1,500/- (Rupees One Thousand Five hundred only) to the complainant. The opposite parties are directed to comply this order within 2 months from the date of receipt of this order, failing which an interest at the rate of 9% per annum will be paid to the above said amounts to the complainant till the date of whole payment from today. Declared in the Open Forum on this the 18th day of March, 2010. (Sd/-) C. Lathika Bhai, (Member) Sri. Jacob Stephen (President) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : Sajeev. K. Exhibits marked on the side of the complainant: A1 : Power of attorney dated 22.4.09 executed by the complainant in favour of Jayasree Prakash A2 : Photocopy of the Registration certificate of the complainant’s vehicle. A3 : Photocopy of the insurance policy certificate of the complainant’s vehicle. A4 : Photocopy of the Invoice (6 pages) issued by the Marakar Industries to the complainant. A5 : Photocopy of the G.D entry dated 21.1.08 prepared by Konni Police. A6 : Photocopy of the cash receipt dated 15.3.08 for Rs.39,454/- issued by Marikar Industries to the complainant. Witness examined on the side of the opposite parties: Nil. Exhibits marked on the side of the opposite parties: B1 : Copy of Survey Report dated 29.2.08 prepared by the surveyor. B2 : Photocopy of the Terms and Conditions of the policy. (By Order) Senior Superintendent Copy to: (1) Jayasree Prakash, Ramanilayam, Konamankara, Adoor, Pathanamthitta. (2) The Divisional Manager, National Insurance Co., Nelson Complex, P.B.No.60, Kayamkulam. (3) The Branch Manager, National Insurance Co. Ltd., Pathanamthitta. (4) The stock file. | 
