By G. Yadunadhan, President:

 

            The case of the complainant is that on 6-1-09 while the complainant was travelling to Kannur from Calicut in his Honda City Car, a motor bike bearing Reg. No. KL-11-L-4559 which came in the opposite direction at Arayidath Palam Bypass Road suddenly turned in front of the complainant’s car and hit on to the rear right back side of the car. Due to the impact of the hitting the vehicle sustained bodily damages.  The accident was caused due the negligence and rash riding of the bike. No complaint was lodged against the rider of the bike. Immediately after two days of the accident the complainant gave the vehicle for repair at Peninsular Honda at Calicut. The complainant was given the claim form narrated alleged incident of the accident. The complainant was under the impression that the details of driver of the vehicle were not necessary. Then since the vehicle was full covered and there was no case registered against the accident, the Service Manager informed the complainant that he had mentioned the complainant’s name in the place of person who had driven the vehicle and claim form has already reached the opposite party. Immediately the complainant informed him that it was not him who drove the vehicle but it was complainant’s friend Mr. Rajesh Vijayan who had actually driven the vehicle at the time of accident. The Service Manager did not correct the name of the driver Rajesh Vijayan . The complainant got the vehicle repaired on 13-1-09 on payment of the bill for an amount of Rs.6742/-. Therefore complainant is seeking relief against the opposite party to pay back the repair bill for rs.6742/- and also pay compensation.

 

            Opposite party after serving notice entered in appearance and filed their version stating that complainant is having different versions at different stages probably to recover a claim illegally. His approach is highly suspicious. Immediately after the alleged accident a claim form was submitted by the complainant for processing the claim. In the said form there is a separate column “details of accident”, wherein the incident is narrated by him in his own hand writing as admitted by him in his complaint itself, that he was driving the vehicle. This claim form submitted to the opposite party is duly signed by him. While processing this claim form this opposite party found that the said Sajith who had driven the vehicle did not have valid license on that particular date of incident and therefore the claim of the complainant was repudiated. After receipt of the repudiation letter the complainant has now approached the Hon’ble Forum with a different version stating that the vehicle was driven by his friend Mr. Rajesh Vijayan. There is absolutely no deficiency of service and the complainant is not entitled to get any relief. Hence complaint is liable to be dismissed with costs.

 

            The points for consideration is (1) whether the complainant is entitled to get any repair charge which is already paid by the complainant? (2) If so what is the relief and costs?

 

            The complainant was examined as PW1 and Ext.A1 to A5 were marked. Opposite party was examined as RW1 and Ext.B1 to B3 were marked. Ext. A1 policy is admitted by the opposite party. Ext.A2 the invoice issued by Peninsular Honda towards the repair charge for Rs.6742/-. This was also accepted by the opposite party. Regarding Ext.A3 it shows the valid driving license belongs to RW2 who was the actual driver at the time of accident. The only question has to be considered is whether the complainant himself drove the vehicle at the time of accident. While going through the evidence adduced by PW2 and Ext.A3 documents, it is very clear that Mr. Rajesh Vijayan who drove the vehicle at the time of accident. Complainant had not relied upon Ext.B1 document, it is the duty of the opposite party to investigate, whether the complainant or any other person drove the vehicle at the time of accident that was not done in this case. Regarding Ext.B1 document complainant deposed that occasionally complainant was used to drive the vehicle on that particular day, PW2 Mr. Rajesh Vijayan has accompanied him and drove the vehicle. While getting the claim form complainant suddenly wrote “while I was driving”. Complainant produced Mr. Rajesh Vijayan and examined as PW2. PW2 voluntarily deposed that he was the driver at the time of accident. Opposite party had not made any earnest effort to investigate the accident or regarding the driver except Ext.B1 document. Since there is no police records or any other documents except Ext.B1, Forum cannot go beyond the evidence of PW2. Under these circumstances, we are of the opinion that the petition is to be allowed and opposite party is directed to pay the repair charge of Rs.6742/- to the complainant and also to pay compensation of Rs.1000/- within one month from the date of receipt of copy of the order.

 

Pronounced in the open court this the 10th day of June 2010.

 

            SD/- PRESIDENT                   SD/- MEMBER           SD/- MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX

 

Documents exhibited for the complainant:

 

A1. Photocopy of Certificate cum policy schedule.

A2. Photocopy of Invoice Peninsular Honda dt,. 13-1-09.

A3. Photocopy of Driving license of Rajesh Vijayan.

A4. Photocopy of Acknowledgement receipt issued by R.T.O. Calicut to Rajesh Vijayan.

A5. Photocopy of Driving License of Sajith.P.B.

 

Documents exhibited for the opposite party.

B1. Photocopy of Claim form for Motor Vehicle

B2. Photocopy of letter dt. 23-01-2009.

B3. Photocopy of Driving License of Sajith.P.B.

 

Witness examined for the complainant:

PW1. Sajith. P.B. (Complainant)

PW2. Rajesh Vijayan, Prasanna, Indira Gandhi Road, Calicut-16.

Witness examined for the opposite party.

RW1. Shaju Job, Chorikayumkal House, P.O. Puduppadi, Calicut.

 

                                                                                    Sd/- President

                                    // True copy //

 

Petition field on    : 30-1-2009.

Date of Order       :   10-6-2010.

 

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT