Kerala

Kasaragod

CC/136/2019

Shareef M - Complainant(s)

Versus

The Manager - Opp.Party(s)

A Radhakrishnan

21 Feb 2022

ORDER

C.D.R.C. Kasaragod
Kerala
 
Complaint Case No. CC/136/2019
( Date of Filing : 11 Jul 2019 )
 
1. Shareef M
aged 35 years S/o kunhamu Sainaba Manzil Perya Bazar P O Periya
Kasaragod
Kerala
...........Complainant(s)
Versus
1. The Manager
United India Insurance Ltd Kanhangad Branch P O Kanhangad 671315
Kasaragod
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KRISHNAN K PRESIDENT
 HON'BLE MRS. Beena.K.G. MEMBER
 HON'BLE MR. RadhaKrishnan Nair M MEMBER
 
PRESENT:
 
Dated : 21 Feb 2022
Final Order / Judgement

      D.O.F:11/07/2019

     D.O.O:21/02/2022

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

CC.No.136/2019                                                                                                                                                

Dated this, the 21th   day of February 2022

PRESENT:

SRI.KRISHNAN.K                        : PRESIDENT

SRI.RADHAKRISHNAN NAIR.M: MEMBER

SMT.BEENA.K.G                            : MEMBER

 

Shareef.M aged 35 years

S/o Kunhamu

Sainaba Manzil

Periya Bazar, P.O Periya                                        : Complainant

Kasaragod Dist

(Adv: A. Radhakrishnan)

                                                                        And

 

 

The Manager,

United India Insurance Ltd,

Kanhangad Branch                                                            : Opposite Party

P.O Kanhangad – 671315

Kasaragod District

(Adv: C.Damodaran)

ORDER

 

SRI.RADHAKRISHNAN NAIR.M: MEMBER

 

    The complaint is filed under section 12 of the Consumer Protection Act, 1986 ( as amended)

 The facts of the case in brief is that the complainant is the owner of the Vehicle bearing No - KL59 D/3893. The Vehicle was insured with the opposite party with policy.  The car met with an accident by hitting against a car came from opposite side at Chalingal motta, and there by the front portion of the vehicle was totally damaged .The Vehicle was taken to M/ S Sree Jagathamba Auto works at Periya Bazar and the incident was reported  to Ambalathara police .There after a claim is lodged with the Opposite Party and the Opposite Party entrusted the matter to an authorised  surveyor, who assessed  the damages..The insurance surveyor estimated only a sum of Rs. 61,000/-.  lt is submitted that the report of the surveyor regarding the labour charge and the rate of spare parts are baseless and wrong. The actual damage is to the tune of Rs.1,35,000/- as estimated by M/S Sree Jagathamba Auto works at Periya Bazar.The Opposite Party sanctioned only an amount of Rs 26,180/- The Opposite Party didn't issue a copy of Survey Report and for that the complaint was constrained to file petition under RTI.

      Hence this complaint is filed for a direction to the Opposite Party to pay the repair charge of Rs.1,35,000/- and a compensation of  Rs.50,000/- for mental agony and costs.

     The Opposite Party entered appearance through their counsel, who filed written Version.

     As per the version of the Opposite Party the complaint is  false , frivolous, vexatious and as such un sustainable at law . The Opposite Party admits the insurance to the goods carriage vehicle No – KL 59 D/3893 of the complainant. It is denied that the report of the surveyor regarding the labour charge and the rate of spare parts are baseless and wrong. The claim is settled on the basis of Surveyor's Report considering model wise depreciation. Policy excesses, non allowable items and painting etc.Loss assesment by the surveyor after applying modelwise depreciation Salvage special exclusion and towing charges comes to Rs. 26,180/- onIy. The said amount was offered to the complainant. The Survey Report is binding on the insured as well as on the insurer.

     The complainant is not entitled for any amount and the complaint is Iiable to be dismissed.

     The Complainant filed proof affidavit in Iieu of chief examination and marked documents as Ext. A1 to Ext. A3 and he was cross examined as PW1. Another witness the work shop owner of Sree Jagathamba Auto works , PW 2 was also examined from the side of the complainant and marked Ext A4.

     The Ext. A 1 is the copy of RC, the Ext. A 2 is the Policy certificate, Ext. A3 is the copy of the Survey report.  Ext A4 is the copy of the Repair Estimate. From the side of Opposite Party, the Surveyor is  examined as DW-1 and Documents Ext. B1 to B 2 are marked . Ext .B1 is the copy of Insurance Policy. Ext.B 2 is the Report of Surveyor (Ext: A3).

      Based on the pleadings and evidence of the rival parties in this case the following issues are framed for consideration.

  1. Whether there is any service deficiency or unfair trade practice on the part of the opposite party?
  2.  Whether the complainant is entitled for the insurance amount?
  3.  What is the relief?

     For convenience, all the above issues are discussed together.

     The specific case of the complainant is that his car met with an accident by hitting against a car came from opposite side at chalingal motta, and there by the front portion of the vehicle was totally damaged . The Vehicle was taken to M/ S Sree Jagathamba Auto works at Periya Bazar and the incident  was reported  to Ambalathara police . There after a claim is lodged with the Opposite Party  and the Opposite Party entrusted the matter to an authorised  surveyor, who assessed  the damages. The insurance surveyor estimated only a sum of Rs. 61,000/-. lt is submited that the report of the surveyor regarding the labour charge and the rate of spare parts are baseless and wrong . The actual damage is to the tune of Rs.1,35,000/- as estimated by M/S Sree Jagathamba Auto works at Periya Bazar. The Opposite Party sanctioned only an amount of Rs 26,180/-
The contentions of Opposite Party is that the claim is settled on the basis of Surveyor's Report considering model wise depreciation. Policy excesses, non allowable items and painting etc. Loss assesment by the surveyor after applying modelwise depreciation Salvage special exclusion and towing charges comes to Rs. 26,180/- onIy. The said amount was offered to the complainant.   The Survey Report is binding on the insured as well as the insurer.
     Here the main dispute is the quantum of the insurance amount to which the complainant is entitled for. In the complaint it is stated that he is entitled to get Rs 1,35,000/- . But he could not prove his claim by adducing reliable evidence.
There is no document to show that he had spent that much amount. The PW 2 the work shop owner would depose that the total repair charge was Rs .72,650 /-
He prduced Ext. P4,  a copy of repair estimate aIso which would show that aspect only . But this only a copy of repair estimate. No Bill or cash receipt after repair is produced here in to show that that much amount is actually spent.
The document Ext. B2 is the Report of survey or who inspected the vehicle at the premise of M/S  Sree Jagadamba Auto works. In the  Ext.B 2 , the  surveyor estimates as per policy conditions  the total damages of the vehicle to Rs.26,180/-.

The Complainant challenges the Ext. B2 on the ground that there are some over writing with pencil in the schedule of price of spare parts. The D W - 1 the surveyor would depose that the above over writing was done not by  him but from the office of the Opposite Party.

      But it can be seen that even though the Opposite Party has done some over writing in the calculation schedule, they didn't make any deduction from the amount fixed by the surveyor. The Opposite Party had sanctioned the very same amount of 26,180/-and offered to the complainant then and there but the complainant was not ready to accept it.

 The complainant also admit that aspect in the complaint and in the proof affidavit.
     Here the sole reliable document available to know the exact repair charge is Survey Report and the amount fixed by the Surueyor is Rs.26,180/-  The Survey Report is binding on the insured as well as the insurer.

      Considering the facts and circumstance of the case this commission is of the view that the complainant is entitled for the amount Rs.26,180/- only ,as insurance benefit.

      Since that amount was allowed and offered to the complainant then and there, it cannot be held that there is any service deficiency on the part of the Opposite Party.

      Therefore this commission hold that the Opposite Party is Iiable to pay only Rs . 26,180/- towards insurance amount in this case. So this commission is not inclined to allow any compensation or costs in this case. In the interest of justice a reasonable interest can be allowed on the above amount.

     In the result the complaint is disposed of with a direction to pay Rs. 26,180/- to the complaint with 8% interest per annum from 11.07.2019 the date of complaint to the date of payment.

The time for compliance is 30 days from receipt of the copy of this judgment.

     Sd/-                                Sd/-                                                          Sd/-

MEMBER                        MEMBER                                          PRESIDENT

 

Exhibits

A1-  Copy of R.C

A2-  Policy certificate

A3- Survey report

A4- Repair estimate

B1- Insurance policy

B2- Report surveyor

 

Witness Examined

Pw1- Shareef

Pw2- Anil Kumar.K

Dw1- Mohamed Ashraf.K.P

 

       Sd/-                                                    Sd/-                                                          Sd/-

MEMBER                                          MEMBER                                          PRESIDENT

Forwarded by Order

 

                                                                                    Senior Superintendent

Ps/

 

 

 
 
[HON'BLE MR. KRISHNAN K]
PRESIDENT
 
 
[HON'BLE MRS. Beena.K.G.]
MEMBER
 
 
[HON'BLE MR. RadhaKrishnan Nair M]
MEMBER
 

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