By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get the claim amount with cost and compensation.
2. Brief of the complaint:- The complainant is the owner of car No. KL 12 G 1079 Hyundai i10 Magna 1.2. The same was insured with opposite party and paid Rs.9,938/- as premium. At the time of taking policy opposite party offered that it is the policy with add on covers which was a bumber to bumber policy. This said vehicle was met with an accident on 14.03.2014 at Wayanad and the said vehicle was kept at Apco Hyundai Wayanad for repair. The accident was intimated to opposite party in time and one of the authorized Surveyor inspected the vehicle and claim was submitted to the opposite party. But the opposite party did not cleared the claim as agreed and offered. The complainant paid Rs.32,922/- to Apco Vehicles as repair charges. Thereafter opposite party denied the claim stating that the damage was intentionally made and a voucher of Rs.8,660/- to be signed and sent to opposite party as full and final settlement of claim. But complainant was not accepted the same and filed this complaint alleging deficiency of service from the part of opposite party.
3. Notice sent to opposite party, he appeared and version filed. Opposite party admitted the insurance policy and submitted that in response to the claim request they appointed an IRDA licensed Surveyor. He inspected the vehicle and assessed the loss for a sum of Rs.8,660/-. Further the Surveyor opined that the accident was an intentional one. They worked out the net liability of the loss for sum of Rs.8,660/- including the amount towards depreciation as complainant taken additional coverage of Depreciation Reimbursement.
4. On considering the complaint, affidavit and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service on the side of opposite party?
2. Relief and cost.
5. Point No.1:- Complainant filed proof affidavit and examined as PW1 and Ext.A1 to A4 documents were marked to prove his case. Opposite party's witness the Surveyor is examined as OPW1 and Ext.B1 to B3 documents were confronted and marked through him.
6. The complainant alleged that his car bearing No. KL 12 G 1079 met with an accident on 14.03.2014 and he spent Rs.32,922/- as repair charges. He is a valid policy holder of opposite party with add on covers which was a bumber to bumber policy. Accident was intimated to opposite party and claim form submitted before him. The authorized Surveyor inspected the vehicle at Apco Hyundai, Wayanad and a report filed ie marked as Ext.B3. Thereafter claim was forwarded to opposite party. But they did not cleared the claim as agreed and offered. To prove the coverage of policy Ext.B1 insurance policy was marked through OPW1. The opposite party denied the claim stating that damage was intentionally made and they sent voucher of Rs.8,660/- but complainant was not accepted the same. To prove the repair cost the bill is produced and marked as Ext.A2. Again complainant argued that he is entitled to get compensation from opposite party, since he is a valid policy holder and paid Rs.9,938/- as premium. Discharge voucher and front page of registered cover is produced and marked as Ext.A3 and A4.
7. Opposite party opposed the case stating that in response to the claim request, they appointed IRDA licensed authorized Surveyor. He inspected the vehicle and report field. Surveyor is examined as OPW1 and relevant documents such as Policy, claim form and Surveyor Report were confronted and marked through him as Ext.B1 to B3.
Heard both parties.
8. Opposite party argued that based on the inspection report they have already allowed Rs.8,660/- towards full and final settlement. Surveyor stated that the damage to the clutch housing looking like to hammed using a mallet, the policy will cover the accidental damages only, therefore the Surveyor disallowed the internal parts which was no accidental damages and finally worked out the net liability of the loss for sum of Rs.8,660/- including the amount towards depreciation as complainant taken additional coverage of Depreciation Reimbursement. To substantiate this objections they have submitted relaying on different rulings. Again opposite party argued that the claim is processed as per the assessment made by the Surveyor. As per settled law the report of the Surveyor is an important document which cannot be brushed aside and in this case nothing has been shown to us to take the figure of loss other than the one arrive at by the Surveyor. The insured cannot claim anything more than what is covered by the insurance policy.
9. On overall evaluations of pleadings and records we opine that the complainant's vehicle met with an accident, subsequently repair was done. Even if the Surveyor assessed lesser claim amount complainant spend a huge amount towards repair. Hence he is entitled to get meager amount as repair cost. Point No.1 is found accordingly.
10. Point No.2:- Since the Point No.1 is found in favour of complainant, he is entitled to get meager amount as repair cost with cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.15,000/- (Rupees Fifteen Thousand) including the amount already sanctioned as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of November 2015.
Date of Filing:16.04.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Raghavan. K. Complainant.
Witness for the Opposite Parties:-
OPW1. Jeevan. Insurance Surveyor.
Exhibits for the complainant:
A1. Copy of Certificate of Insurance and Policy Schedule.
A2. Copy of Bill. Dt:07.04.2014.
A3. Copy of Discharge Voucher.
A4. Copy of Front page of Registered Cover.
Exhibits for the opposite parties:-
B1. Copy of Certificate of Insurance and Policy Schedule.
B2. Copy of Claim form.
B3. Copy of Motor Survey Report (Final).
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PRESIDENT, CDRF, WAYANAD.
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