Date of filing : 29-06-2013
Date of order : 18-12-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.160/2013
Dated this, the 18th day of December 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Venktesh.K, S/o.K.H.N.Kalyanthaya, : Complainant
R/at Kallai Kuloor House,
Charla.Po. Manjeshwara, Kasaragod.Dt.
(Adv.Sadananda Rai, Kasaragod)
The Manager, : Opposite party
United India Insurance Company ltd, Micro office,
First Floor, Hillside commercial Complex,
Hosangadi, Manjeshwara, Kasaragod.Dt.
(Adv.C. Damodaran, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
The complainant is alleging deficiency in service on the part of opposite party, as the complainant met with an accident on 2-4-2011, as a result he sustained injury as well as damages sustained to his motor cycle bearing Reg.No.KL-14/G 5860 Splender NXG. The said vehicle was insured with opposite party. After the incident complainant was hospitalized and thereby undergone bed rest for about 8 months. The motor vehicle inspected by the insurance surveyor and issued a report on 5-4-2011. Soon after recovery eventhough the complainant approached the opposite party for the insurance claim opposite party dragged the matter and failed to render his service on his part to the complainant. Therefore the complaint for necessary redressal.
2. Adv.C.Damodaran filed vakalth and version for opposite party in the version opposite party admits that the vehicle KL14G 5860 is insured. Claim was orally intimated survey report is already submitted. Opposite party requested to the complainant to submit claim form and vehicular documents for verification which was done only on 17-10-2012 after a lapse of 1 ½ years. Opposite party denied the allegation that complainant approached several times and opposite party wanted sanction from head office etc. Complainant filed IA 55/14 to call for some documents from opposite party. IA heard and allowed, as per IA 55/14 opposite party is directed to produce the survey report. Opposite party filed survey report, which is marked as Ext.B1. While perusing the documents produced by complainant and opposite party it is crystal clear that complainant had spent Rs.21,218/- spare parts and Rs.1680/- for repair charges. From the documents submitted by the complainant it is clear that complainant had an effective driving licence as well as the said vehicle was having insurance coverage of the opposite party. Moreover, there is no difficulty to the opposite party for granting the insurance claim since the vehicle was having policy coverage. It is clear from the documents produced by the complainant that he was hospitalized soon after the accident and thereby he was bed ridden rest for some months after the advice of the doctor. Eventhough the complainant had already spent Rs,21,218/- for spare parts and Rs.1680/- as labour charges as per Ext. A5 as per the survey report of opposite party i.e. Ext.B1 he is entitled Rs.14207.65. Due to the laches on the part of opposite party in sanctioning the claim complainant had undergone mental pain, the financial loss and mental agony sustained to the complainant has to be compensated.
In the result, the complaint is allowed and opposite party is directed to pay the repair charge of Rs.14,208/- with Rs.15,000/- as compensation and Rs.5,000/- as costs to be paid within 30 days from the date of receipt of copy of order. Failing which Rs.14,208/- will carry interest @ 15% from the date of complaint till realization.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Copy of FIR
A2. 02-09-2011 Photocopy of Cash Bill.
B1. Final Report
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
SENIOR SUPERINTENDENT
Pj/
