BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:38/2021

DATED: 25^th July 2022

PRESENT: -     Sri. M.I.SHIGLI. B.A., LL.M., PRESIDENT

                       Sri. G. SREEPATHI, B.COM., LL.B., MEMBER         

                        Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER

:ORDER:

Sri. G. SREEPATHI, B.COM., LL.B., MEMBER               

The complainant has filed this complaint under section 35 of Consumer Protection Act, 2019 seeking directions against opponents;

        To order for making payment of total loss incurred by vehicle Rs.18,70,005/- and Rs.50,000/- towards mental agony Jointly and severally;

        2. The brief facts of the complaint are;

Complainant is the owner of Lorry bearing No.KA-30-8955.  The policy was in force at the time of arising dispute. Complainant leading his livelihood by earing income from the said vehicle.

        3. Complainant state that, he is leading his livelihood out of income arrived from this vehicle, On 29-01-2021 at about 8-30pm accident took place at chikkaballapura- Gowribidanur Road, near Thippenahally Veeradhimmana Kanive due to negligence of Lorry Driver. With respect to the said accident case was also registered  before the chikkaballapura police. The vehicle was fully damaged due to this accident complainant informed regarding said accident to OPs for the purpose of claiming amount of insurance. OPs have issued claim form No.3121022793  to the complainant and complainant after completing the same submitted to the opponents, till date opponents have failed to settle the claim. The complainant estimated the damages for the vehicle Viz., lost of vehicle spares Rs.9,02,483/-, for fixing of spares, repair and labour charges Rs.7,64,522/- in total Rs.16,67,005/- lifting charges of vehicle from the spot of accident complainant incurred Rs.35,000/- and till date loss of earing incurred to complainant Rs.1,50,000/- Apart from the above complainant submits that, parking charges of vehicle Rs.18,000/- and for having faced mental agony due to  said accident Rs.50,000/-. In total complainant claimed Rs.19,20,005/- from the opponents.

        4. Complainant further submits that he has submitted documents of said vehicle viz., Insurance policy, D.L., Permit, R.C, Photo’s, Estimated copy of loss incurred to vehicle and other documents. Opponents assured of settling the same and finally on declaring lockdown by the Government Later on 27/04/2021 OPs have not settled the claim by giving negligent answer.

        5. Complainant submits on 03.05.2021 sent legal notice through his council to OPs, OP-1 and 3 have received the same OP-2 returned with a shara addressee Left, till date they have not given any reply. Hence the complaint.

6. On appearance of opponents filed version, they have admitted regarding ownership, vehicle number, policy number and its validity and stated covering the risk of IDV of the vehicle for Rs.8,02,800/-. The OPs have admitted with regard to accident dated 29-01-2021, intimation given to them and appointment of surveyor and receipt of documents and estimation by them. OPs states that, they have intimated complainant to repair his vehicle and to submit original tax Invoice, Pan Card and KYC documents. On intimation to the complainant he has not submitted any records to OPs. For the same OPs company sent request letter to the complainant on 27/04/2021 and the same was served on him but not produced any document. With this again of  27/05/2021 OPs have sent 2^nd request letter reminder even in spite of service of the same, complainant failed to submit the required  documents sought by OPs. Again OPs have sent document request letter reminder No.3, on 20/06/2021 the same was served to complainant, in spite of it complainant has not produced any document till date. As submitted by OPs in their version complainant has filed this premature complaint and the same was not maintainable and liable to be dismissed in limine. Complainant has sent legal notice to OPs on 03/05/2021 and asked OPs to settle the claim. Even on issuance of document request letter and reminders, instead of submitting the same to OPs, complainant has filed this compliant just to harass OPs. Hence OPs pray for dismissal of the complaint.

        7. Both complainant and OPs filed their evidence by way of Affidavit, the documents produced by complainant with list dated 05/07/2021 and 21/10/2021 came to be marked  as Ex.A-1 to Ex.A-8 and documents produced by OPs marked as Ex.B-1 to Ex.B-6, Both complainant and OPs filed their written arguments. Heard oral arguments of both side.

        8. So from the averments of complaint of complainant and the version of OPs the following points arise for our consideration;

1. Whether the complainant proves that OPs are negligent and there is deficiency of service on the part of the OPs in not making settlement of claim as stated in the complaint?
2. What order?

Our answer to the following points:

1. Point No.1: Negative
2. Point No.2: As per order below for the following

REASONS

Point No.1: At the very threshold, we must point out that, in so far as allegation of the complainant that, he is the R.C. owner of Lorry bearing Reg. No.KA-30-8955 and the same was insured with OPs vide policy No.140622123340000080 for the period from 16/01/2021 to 15/01/2022 and Covering risk of IDV of the vehicle for Rs.8,02,800/- and the said policy will be in force subject to confirmation of 64 V.B. Policy terms and conditions and M.V. Act conditions. OPs have admitted with regard to accident of said vehicle on 29/01/2021. Further on perusal of Ex.B-3, 4, and  5 submitted by OPs, First reminder to complainant on 27/04/2021 to submit Original Tax Invoice, Pan card and KYC documents, Again on 2^nd reminder letter to complainant on 27/05/2021 to submit Original Tax Invoice and Reminder No.3 dated 20/06/2021 to submit Original Tax Invoice but for the same till date complainant failed to submit the same and filed this complaint. That on 20/05/2022 Counsel for OPs filed notice under O12R8CPC to show and produce required documents before the commission and for the same counsel for complainant on 04/06/2021 filed answer stating that, as vehicle has not been repaired and hence original bill not produced, as the same is not available. With this it is very clear that, on giving sufficient opportunity and reminders from OPs to the complainant to submit original Tax Invoice for settlement of claim amount, complainant failed to furnish the same till date with this point No.1 is answered as Negative, as there is no deficiency of service from the OPs to complainant.

        As reported in 2014 NCJ 440 (SC), The Hon’ble Supreme Court has observed in a case between

S. Iyappan….. Appellant Vs M/s United India Insurance Co. Ltd., and another….. Respondent “M.V. Act- 1988 Section 149 (2) (a) (ii) Motor Accident….. Claim for compensation-legality of repudiation by Insurer- Held- In a Claim for compensation, Insurer cannot go beyond the terms and conditions of concerned policy (para-10 and19) Important point observed in this case is that, “Repudiation of claim can be Justified within the purview of concerned policy

Point No.2: For the foregoing reasons, we pass the following

::ORDER::

        It is ordered that complaint filed by the complainant under section 35 of CP Act 2019 is hereby dismissed.

No order as to cost

Communicate the order to parties.

 (Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on 25th July 2022) 

LADY MEMBER                 MEMBER                        PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Sri. Jagadisha Naik. R S/o late Ramanaik, by way of affidavit     

            of evidence.         

PW-2:- Sri H.C. Himmath Kedhar S/o B. Channabaiah by way of affidavit of evidence.         

Witnesses examined on behalf of opponent No.1 to 3:

DW-1 to 3: Ibrahim M S/o Hanifsab, Manager, Legal Claims, by way of affidavit of evidence.

Documents marked on behalf of Complainant:

Documents marked on behalf of Opponent:

LADY MEMBER                 MEMBER                        PRESIDENT

GM