Karnataka

Chitradurga

CC/37/2018

Sri. G.H. Padmanabha S/o G.Y Hanumatha - Complainant(s)

Versus

The Manager, The, Oriental Insurance Company Limited, - Opp.Party(s)

Y. Thippeswamy

24 Aug 2018

ORDER

COMPLAINT FILED ON :17/04/2018

               DISPOSED ON:24/08/2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 37/2018 DATED:24th AUGUST 2018

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

                                 BSc.,MBA., DCA.,

LADY MEMBER

COMPLAINANT/S	Sri. G.H. Padmanabha, S/o G.Y Hanumatha Reddy, Aged about 43 years, Bharamasamudra Village, Jagaluru Taluk, Davanagere District   (Rep by Smt/Sri.T. Hanumanthappa, Advocate)
OPPOSITE PARTY	The Manager, Oriental Insurance Company Limited, KSRTC Bus Stand, Opp., P.B. Road, Chitradurga.   (ex-parte)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the OP to direct the OP to pay Rs.25,000/- towards deficiency in service, Rs.53,000/- towards repair charges, Rs.12,000/- towards mental agony in all a sum of Rs.90,000/- along with interest @ 12% p.a from the date of accident and to grant such other reliefs.

2.     Brief facts of the complaint is that, the father of the complainant is having Tractor bearing Registration No.KA-17 B-5402 and the same has been insured with the OP.  It is further submitted that, on 23.03.2016 at about 7-45 PM, the said Tractor was moving on Jagalur-Bharamasamudra road, by that time one car bearing Registration No.KA-03 MU 1881 came in a rash and negligent manner by the driver and dashed to the front portion of the said Tractor.  Accordingly, the Tractor was damaged.  After the accident, the complainant intimated the same to OP.  OP told the complainant to furnish all the necessary documents for settlement.  The complainant has produced all the necessary documents to the OP for settlement, but the OP has not settled the claim.  Thereafter, the complainant requested the OP so many times but, the OP has not taken any care.  On 28.02.2018, the complainant has issued legal notice to the OP requesting to settle the claim but, the OP did not come forward to settle the claim of the complainant, which is a deficiency in service and hence, prayed for allow the complaint.

 

3.     The notice has been issued by this Forum to the OP, the same has been served to the OP, but did not appear before this Forum and hence, placed ex-parte.

 

 4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 to A-10 and closed his side.

 

5. Heard the arguments of complainant.

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

 

Point No.1:-Whether the complainant proves that, the OP has failed to settle the claim of the complainant and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

       

7. Our findings on the above points are as follows.

 

        Point No.1:-Partly Affirmative.

        Point No.2:- As per the final order.

 

::REASONS::

 

8. Point No. 1:-It is not in dispute that the father of the complainant is the owner of Tractor bearing Registration No.KA-17 B-5402, the same has been met with an accident on 23.03.2016 at about 7-45 PM while the same was moving on Jagalur-Bharamasamudra road as the driver of the car bearing Registration No.KA-03 MU-1881 drove the same in a rash and negligent manner and dashed to the tractor of the complainant.  Due to the said accident, the tractor was damaged.  The complainant informed the same to the OP, the OP has collected the necessary documents from the complainant and agreed to settle the claim of the complainant.  Thereafter, the OP has failed to settle the claim.  Accordingly, the complainant has filed this complaint before this Forum.  The complainant has produced the documents as per Ex.A-1 to A-10.

 

 9.   We have gone through the entire documents filed by the complainant, it clearly shows that, the father of complainant is the owner of Tractor bearing Registration No.KA-17 B-5402 and the same has been insured with the OP and the was met with an accident on 23.03.2016 at about 7-45 PM as per the FIR produced by the complainant i.e., Ex.A-1.  The remaining documents Ex.A-2 to 9 clearly shows that, the father of the complainant is the RC owner of the Tractor and the Ex.A-10 is the very important document i.e., the policy which shows that, the policy was in force for the period from 17.01.2016 to 16.01.2017.  The accident was occurred on 23.03.2016 which is within the policy period.  Therefore, the duty of the OP is to settle the claim of the complainant when the policy was in force.  But the OP has failed to settle the claim of the complainant.  Therefore, this Forum comes to the conclusion that, the complainant is entitled for the compensation.  Accordingly, we answer Point No.1 held as affirmative. 

 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainants U/s 12 of CP Act 1986 is hereby partly allowed.

 

It is ordered that the OP is hereby directed to pay a sum of Rs.53,000/- to the complainant towards repair charges of the Tractor bearing Registration No.KA-17 B-5402 along with interest @ 9% p.a from the date of accident till realization.

 It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 

(This order is made with the consent of Lady Member after the correction of the draft on 24/08/2018 and it is pronounced in the open Court after our signature)

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

 

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	FIR
02	Ex-A-2:-	Complaint given by complainant
03	Ex-A-3:-	Charge sheet
04	Ex.A-4:-	Spot Panchanama
05	Ex.A-5:-	Motor Vehicles Accident Report
06	Ex.A-6:-	Letter dated 27.10.2017 from complainant to OP
07	Ex.A-7:-	Postal receipt and Postal acknowledgement
08	EX.A-8:-	Legal Notice dated 28.02.2018
09	Ex.A-9:-	10 tax invoices
10	Ex.A-10:-	Form 6 and Form 23

 

Documents marked on behalf of OP:

 

-Nil-

 

LADY MEMBER                               PRESIDENT

Rhr.