D.o.F:27/10/06<br /> D.o.O:6/8/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.125/06 <br /> Dated this, the 6th day of August 2008<br /> <br /> PRESENT;<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI :MEMBER<br /> SMT.P.P.SHYMALADEVI ;MEMBER<br /> <br /> Shafi,<br /> S/o Mohammed Haji,<br /> House No.4/321,Annapady, : Complainant<br /> Po.Shankarampady,<br /> Kasaragod.<br /> <br /> The Manager,<br /> National Insurance Co.Ltd,<br /> 3rd Floor, High lane Plaza, ; Opposite party<br /> M.G.Road,kasaragod. <br /> <br /> ORDER<br /> <br /> SRI.K.T.SIDHIQ ; PRESIDENT<br /> <br /> Complainant Shafi is the R.C owner of a Scorpio bearing Reg.No.KL-14/E 3573 having a seating capacity of 6+1(driver). The vehicle is duly insured with National Insurance Co.ltd. It met with an accident and sustained damages. Insurer intimated, surveyor appointed and assessed the damages to the tune of Rs.47960/-. But National Insurance Co.Ltd while settling the claim deducted a sum of Rs.12000/-. Hence the complaint alleging deficiency in service.<br /> 2. In reply the National Insurance Company contended that the insured has suppressed the actual seating capacity of 6+1 and insured the vehicle showing the seating capacity as 5+1. As there is a difference in premium the settlement is made on non-standard basis. Hence the deduction of Rs.12000/-.<br /> 3. Shafi filed affidavit in support of his claim and Exts.A1 to A6 were marked. Exts.B1 to B3 were marked on the side of National Insurance Co.Ltd.<br /> <br /> 4. The stand taken by National Insurance Co.Ltd is no way justifiable since the vehicle is insured not only according to the details submitted by the insured but also by physical verification and on perusing the R.C, permit etc of the vehicle. The registration number, engine number, chassis number, the year of manufacture, seating capacity etc are to be considered as entered in the Registration certificate and permit of the vehicle. In Ext.A2 photostat copy of R.C. book pertaining to the vehicle Kl-14/E 3573, the seating capacity is clearly shown as seven in all. So the entry in the insurance certificate without physically verifying the vehicle and the R.C particulars could not be regarded as a suppression of material facts. Shafi immediately noticing the defect has revised the policy showing the correct seating capacity by additionally paying just Rs.118/-. That apart the claim is for the damages sustained to the vehicle which has absolutely no connection with the seating capacity and National Insurance company has no case that at the relevant time of accident the vehicle was carrying passengers more than insured ie, 5+1. So there is no breach of policy conditions to afford a ground for National Insurance Company deviate from the actual loss assessed by surveyor. Hence we find deficiency in service on the part of National Insurance Co.Ltd in settling the claim of shafi on non-standard basis and the deduction of Rs.12,000/- from the amount assessed by the surveyor is unjustifiable.<br /> Therefore, we allow the complaint and the National Insurance Co.Ltd is directed to pay Rs. 12000/- to Shafi with interest @9% per annum from the date of complaint till payment along with a cost of Rs.2000/-. Time for compliance is limited to 30 days from the date of receipt of copy of the order.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> Exts:<br /> A1-28/4/06-Copy of Estimate<br /> A2-Photocopy of R.C<br /> A3-Copy of Cheque<br /> A4-&A5-Copy of insurance certificates<br /> A6-Additional premium receipt<br /> B1-Settlement intimation voucher<br /> B2-14/8/06-Survey report<br /> B3-additional policy<br /> <br /> MEMBER MEMBER PRESIDENT <br /> <br /> eva/<br />