IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

                         Tuesday the 20^th day of October, 2020.

                                      Filed on 13-04-2018

  Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.103/2018

   between

  Complainant:-                                              Opposite party:-

Sri.Vinoj Joseph                                             The Divisional Manager

Pandiyalackal                                                  National Insurance Co. Ltd.

Tressia Villa, Market Ward                            Ground Floor, Saumya complex -

Vazhicherry, Mullackal                                  building, Vellakkinar Junction

Alappuzha-1                                                    Civil Line Road, Alappuzha

(By Adv.K.George)                                        (By Adv.T.S.Suresh)              

          O R D E R

SRI. S.SANTHOSH KUMAR (PRESIDENT)

Complaint filed under Sec.12 of the Consumer Protection Act, 1986. 

Material averments briefly discussed are as follows:-

Complainant is the owner of Yamaha-Fazer 2012 model motor cycle bearing No.KL-04-AC-9651.  It is insured with the opposite party and the policy is valid from 18.02.2014 to 17.02.2015.  On 14.12.2014 at about 09.30 PM the complainant was riding the motor cycle from Cherthala to his residence and when reached in front of Udaya Studio a motor car bearing Registration No.KL-24-B-8846 came in a negligent manner and hit on the motor cycle.  Complainant sustained serious injuries and there was damage to the motor cycle.

Complainant lodged a claim with the opposite party as per the procedure and documents were furnished.  Opposite party rejected the complainants claim without any valid reason.  Surveyor was not appointed to assess the damages and hence complainant through a surveyor P K Purushothaman assessed the damages.   As per the survey report the amount was Rs.27,635/-. 

Opposite party had taken a lukewarm attitude in settling the claim.  There was deficiency of service on the part of the opposite party and aggrieved by the same the complainant is filed for realizing an amount of Rs.27,635/- being the amount of damages and Rs.3,000/- being the surveyors fees.  He is also seeking an amount of Rs.20,000/- as compensation for mental agony and loss of valuable time.

2.      Opposite party filed a version mainly contenting as follows:-

Complaint is filed without any bonafides suppressing material facts.  It is admitted that the vehicle had a valid policy with effect from 18.04.2014 to 17.02.2015.  Complainant had not submitted any claim form and hence there is no question of rejection.   Appointment of surveyor P K Purushothaman is not within the knowledge of the opposite party and there is no such surveyor in the panel.  The alleged survey amount Rs.27,635/- is not correct.  Survey was done without giving notice to the opposite party.  Even though complainant stated that he had sustained serious injuries police has not registered FIR.    There was no deficiency of service and nothing was done arbitrarily.  Hence the complaint may be dismissed with compensatory cost.

3.      On the above pleadings following points were raised for consideration:-

1. Whether there was deficiency of service from the part of the opposite party?
2. Whether the complainant is entitled to realize an amount of Rs.30,365/- along with interest @ 9% as prayed for?
3. Whether the complainant is entitled to realize an amount of Rs20,000/- as compensation for mental agony and pain as prayed for?
4. Reliefs and costs?

4. Evidence in this case consists of oral evidence of PW1, and Ext.A1 to Ext.A12 from the side of the complainant.  Opposite party has not adduced any oral or documentary evidence.
5. Point No.1 to 3

PW1 is the complainant in this case.  He filed an affidavit in tune with the complaint and marked Ext.A1 to Ext.A12. 

The case of complainant is that on 14.12.2014 while he was riding a motor cycle bearing registration No.KL-04-AC-9651 from north to south through Cherthala Alappuzha National highway and reached in front of Udaya studio, Kalavoor a car bearing registration No. KL-24-B-8846 driven in a rash and negligent manner hit on the back of motor cycle.  He sustained serious injuries and motor cycle sustained damage.  The motor cycle was insured with the opposite party and it was having a valid policy.  Though a claim petition was filed it was rejected and hence he has approached this commission claiming compensation.  Opposite party filed a version admitting the policy but according to them claim form was not submitted before them and hence there was no question of rejection.  Complainant got examined as PW1 and Ext.A1 to A12 were marked.  Ext.A1 is the copy of the FIR in crime No.1114 dated 17.07.2015 to prove the accident.  Ext.A2 is the survey report showing that the vehicle had damage to the tune of Rs.27,635/-.  Ext.A3 is the copy of policy, Ext.A4 is the copy of complaint filed before the judicial 1^st class magistrate court No.1. Ext.A5 is the attested copy of RC book and Ext.A6 is the copy of driving license.  Ext.A7 is copy of refer report, Ext.A8 is the copy of claim petition filed before the opposite party and Ext.A9 is the copy of Bill.  Ext.A10 is the copy of accident register cum wound certificate issued from general hospital Alappuzha on 14.12.14, Ext.A11 is the copy of wound certificate issued from M/s Lakshore Hospital and research centre, Kochi and Ext.A12 is the temporary discharge summary issued from M/s Lakshore hospital. 

From Ext.A1 FIR it can be seen that the accident occurred on 14.12.2014.  Ext.A6 shows that complainant had a valid driving license, Ext.A10,A11 and A12 shows that complainant sustained serious injuries including fracture.  Ext.A10 is dated 14.12.2014  which is the alleged accident date.  The main contention of the opposite party is that proper claim form was not submitted before them.  Ext.A8 is the copy of claim form submitted by complainant before the opposite party.  The date of accident is 14.12.2014 and Ext.A8 is dated 17.12.2014.  So the contention of opposite party that claim form was not submitted appears to be not correct.  It is true that acknowledgement of Ext.A8 is not produced.  Policy of the vehicle is admitted by the opposite party.  It was contented that the vehicle has not sustained such damages as claimed by complainant.  However Ext.A2 survey report shows that the net assessed loss is Rs.27,635/-.  Ext.A9 is a copy of bill for Rs.25,456/-. 

          Here in this case it can be seen that policy is admitted by opposite party.  Their only contention is that claim form was not submitted before them.  In the argument note filed by learned counsel appearing for the opposite party also it is highlighted that there was no proper claim form.  However copy of claim form is produced and it is marked as Ext.A8 before this commission.  Ext.A2 survey report coupled with Ext.A9 bill shows that the vehicle sustained damages and PW1 had paid an amount of Rs.25,456/-  as charges for the repairs.  So PW1 is entitled for Rs.25,456/- mentioned in Ext.A9.  PW1 is claiming an amount of Rs.20,000/- as compensation for the mental agony.  However it is seen that the accident occurred on 14.12.2014 and till the amount is not paid.  It is to be remembered that the vehicle had a valid policy and it is admitted by opposite party.  In the circumstances complainant is entitled for a compensation and we are limiting the amount for Rs.2,000/- .  These points are found accordingly.

Point No.4

          In the result complaint is allowed in part. 

1.  Complainant is allowed to realize an amount of Rs.25,456/- (Rupees twenty-five thousand four hundred and fifty-six only) along with interest @ 6% per annum from the date of complaint ie, on 13.04.2018 till realization.
2. Complainant is allowed to realize an amount of   Rs.2,000/- (Rupees two thousand only) as compensation.
3. Complainant is allowed to realize an amount of Rs.1,000/- (Rupees one thousand only) as cost.

The said order shall be complied within one month from the date of the receipt of copy of this order. 

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 20^th day of October, 2020.

Sd/-Sri.S.Santhosh Kumar (President)

Sd/-Smt.C.K Lekhamma (Member)

Appendix:-

Evidence of the complainant:-

PW1                    -        Vinoj Joseph (Witness)

Ext.A1                -        Copy of FIR

Ext.A2                -        Survey Report

Ext.A3                -        Copy of policy certificate

Ext.A4                -        Copy of CMP

Ext.A5                -        Copy of RC book

Ext.A6                -        Copy of Driving license

Ext.A7                -        Copy of final report

Ext.A8                -        Claim form Nos.2

Ext.A9                -        Copy of bill

Ext.A10              -        Copy of wound certificate

Ext.A11              -        Copy of wound certificate from Lakshore Hospital

Ext.A12              -        Copy of discharge certificate of complainant from Lakshore -

hospital

Evidence of the opposite parties:-  Nil

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                         By Order

                                                                                    Senior Superintendent

Typed by:- Sa/-

Compared by:-