Date of filing : 24-12-2011
Date of order : 29-06-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.363/2011
Dated this, the 29th day of June 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
M.Abdul Khader, S/o. Mohammed, } Complainant
R/at Sreyas, Anangoor,
Vidyanagar.Po. 671123,
Kasaragod Taluk & Dist.
(In Person)
1. The Manager, } Opposite parties
The Oriental Insurance Co.Ltd,
Badagara Branch, Srinidhi building,
PB.No.27, NH Road, Narayanan Nagar,
Badagara. 673101
2. The Manager, Oriental Insurance Co.
Kasaragod Branch, Kasaragod 671121,
(Ops 1 & 2 A.K.V. Balakrishnan, Hosdurg)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Bereft of unnecessaries the case of the complainant is that the opposite parties arbitrary reduced amount from his claim for damages sustained to his ambassador car bearing Reg.No. KL.56/79. According to him he had actually spent `32612/- towards the repair of the vehicle in which `19,600/- was towards labour charges. The amount he entitled to get was `28057/- after the deduction as per the policy terms & conditions. But the opposite party issued him a voucher for `20,500/- only. Moreover, they also did not consider his claim of `8000/- that he incurred for towing the car to the workshop. It is also his case that only the certificate of insurance is issued to him and the policy is not issued so he is unaware about the terms and conditions contain the policy.
2. According to opposite parties the surveyor assessed the damages sustained to the vehicle of the complainant and the complainant caused delay in reproducing the vehicle before surveyor after repair. There was no delay on their part and thereafter a letter has been sent to the complainant for settlement of claim for `20,500/-. But the complainant neither accepted the claim nor returned the satisfaction voucher after his signature. The complainant is not entitled for `32612/- towards repair charges and `8000/- towards towing charges and compensation of `50,000/- and cost of `10,000/- since there is no deficiency in service on their part.
3. Complainant filed proof affidavit and Exts A1 to A3 marked. On the side of opposite parties Exts B1 to B10 marked. Both sides heard. Documents perused.
4. The crux of the dispute to be settled is whether the opposite party can reduce the labour charges as against the actual labour charges?
5. As per Ext.B1 Surveyors report it is reported that `25,800/- is the total labour charges assessed. Original estimate does not contain any amount towards the labour charges. In the complaint, complainant has stated that he paid `19,600/- towards the labour charges.
6. During hearing complainant cited a judgment of Hon’ble High Court of Kerala reported in 2009 (4) KLT 679 in the case of Abraham V Johns and vehemently argued that there cannot be any depreciation for labour charges in claim for damages sustained to the Motor vehicle. The Hon’ble High Court has rendered the above judgment in a Motor Accident Claim Appeal. In the said judgment Hon”ble Justice C.N. Ramachandran Nair has ruled that there’re can be depreciation while granting compensation but there cannot be a depreciation in labour charges.
7. Considering the above judgment we are of the view that complainant is entitled for the actual about charges `19,600/- as against the surveyor’s assessment ` 14100/-. Though the complainant claimed `8000/- towards the towing charges in the surveyors report in the estimate and in the assessment towing charges are shown is nil. That shows that complainant had not produced any bill claiming towing charges before the surveyor. Complainant also did not bother to produce the bill he paid for towing the vehicle to the garage. Therefore his claim for towing charges rejected.
8. The complainant is therefore entitled for `20500+ (19600-14100) = 20500 + 5500/- = 26000/- towards his claim for loss caused to his vehicle.
Therefore the complaint is allowed and opposite parties are directed to pay `26,000/- to the complainant towards the indemnification of his motor accident claim together with a cost of `2000/-. Time for payment is limited to 30 days from the date of order. Failing which the amount of `26,000/- will carry interest @ 9% from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.07-07-11 copy of letter
A2. 28-6-11 copy of letter sent by OP to complainant.
A3. 26-09-11 copy of lawyer notice.
B1. 25-03-11 Private and Confidential Motor final Survey Report.
B2. Motor OD Claim Scrutiny form.
B3. 21-6-11. copy of letter.
B4. Postal acknowledgement
B5. 28-6-11 copy of letter
B6. Postal acknowledgment
B7. 25-7-11 copy of letter.
B8. Postal acknowledgement
B9. 28-9-11 copy of letter
B10. Postal acknowledgment
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
SENIOR SUPERINTENDENT
Pj/
