Kerala

Idukki

CC/99/2020

Eldhose Yacob - Complainant(s)

Versus

The new India assurance company ltd - Opp.Party(s)

Adv: C M Tomy

08 Jun 2022

ORDER

DATE OF FILING :10.8.2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the   8^th  day of June, 2022

Present :

                   SRI. C. SURESHKUMAR                  PRESIDENT

SMT. ASAMOL P.                             MEMBER

SRI. AMPADY K.S.                           MEMBER

CC NO.99/2020

     Between

Complainant                                       :    Eldose Yacob, S/o. Yacob,

                                                                Kunnappillil House,

                                                                Adimali P.O.,

                                                                Pin  - 685 561.

      (By Advs: C.M. Tomy & V.C. Sebastian)

        And

Opposite Party                                    :    The New India Assurance Company Ltd.,

                                                                Branch Office,

                                                                Munnar.

O R D E R

SRI. C. SURESHKUMAR, PRESIDENT

1. This is a complaint filed under Section 35 of the Consumer Protection Act 2019 (the Act, for short).  Complaint averments are briefly discussed hereunder :

         

          Complainant is the registered owner of a lorry having national permit, bearing Reg. No.KL-68-3816 and opposite party is the New India Insurance Company Ltd. represented by its branch office at Munnar.  Complainant has taken a Bumper to Bumper Insurance Policy from the opposite party for the period from 20.5.2018 to 19.5.2019.  Policy Number is 76160331180300002444.  Total premium paid was Rs.55,933/-.  While policy was live, vehicle of complainant had met with an accident in which damage was occasioned to 3 electric posts owned by KSEB.  Hence complainant had to pay Rs.66,850/- as damages to the Board.  Though the complainant had claimed the said amount from opposite party, claim was not honoured.  Complainant is entitled for reimbursement of the amount paid by him to the Electricity Board.  Refusal to consider the claim of complainant for compensation with regard to the said amount is deficiency in service on the part of                                                                                                               (cont...2)

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opposite party.  Though complainant sent a lawyer notice dated 23.3.2020 claiming the compensation amount for the aforesaid damages, opposite party has not responded to the same, after receiving the notice on 20.4.2020.  Complainant therefore prays for reimbursement of Rs.66,850/- being the damages paid by him to the Electricity Board along with 16% interest till realisation and Rs.5000/- towards litigation costs from  opposite party.

 

          2. Complaint was admitted and notice was issued to opposite party.  Despite service of notice, opposite party has not appeared, nor was any written version filed.  Hence opposite party was set exparte.  Complainant has filed chief affidavit and the same was read in evidence.  Ext.P1 to P7 were marked.  We have heard the learned counsel for complainant.  Now the points which arise for consideration are:

1. Whether complainant was entitled to get Rs.66,850/- as compensation from opposite party, the amount paid by him to KSEB for damages to electric posts  occasioned  in the accident ?
2. Whether refusal to honour the claim  amounts to deficiency in service ?
3. Whether complainant is entitled to get the compensation and costs as prayed for ?

 

3.  Point Nos.1 and 2 are considered together :

 

          We have gone through the complaint, documents produced and considered the contentions addressed by the able counsel for complainant.  Ext.P1 is copy of policy.  Ext.P2 series are certificate issued by KSEB dated 1.8.2018 certifying receipt of Rs.66,850/- from the complainant for the damages caused to electric posts by his vehicle No.KL-68-3816 and  Ext.P2(a) is an estimate of the damages assessed as such by KSEB.  Ext.P3 is a copy of receipt for payment of Rs.66850/-, original of the same was later submitted by complainant.  Ext.P4 is photocopy of FIR registered as Crime No.475/18 of Adimali Police Station, under Section 279 and 337 of IPC with regard to occurrence in which damages were caused to electric posts, as mentioned earlier.  Ext.P5 is photocopy of the application form given by the driver of complainant for compensation with regard to the said incident along with copy of claim intimation.  Ext.P6 is photocopy of RC of the vehicle and Ext.P7 is office copy of lawyer notice issued to the opposite party claiming the amount paid to Electricity Board, by the complainant.   Ext.P1  policy provides as per law cover for  3^rd party claims.  The policy does not limit any claim generating form  damages caused to property of  statutory bodies or of Quasi Government authorities in Road traffic accidents. Though mischief, either wanton                                                                                                                   (cont....3)

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or otherwise, by damaging property of the Board may amounts to an offence under KSEB Act,  this will not affect the right of complainant to seek compensation for damages paid by him to KSEB in connection with the road traffic accident.  Therefore, we find that complainant was entitled to get back Rs.66,850/- paid by him to KSEB for damages occasioned in the road traffic accident involving his lorry which was duly insured by him with opposite party.  It is seen from the policy copy that the complainant had paid Rs.32,642/- as 3^rd party premium.  It is not disputed also that the accident took place during the policy period.  That being so, denial of the claim of complainant by the opposite party, certainly amounts  to deficiency in service.  Hence we find that complainant is entitled to get back the amount paid by him to KSEB, being Rs.66,850/- from the opposite party, who is the insurer, as claimed in the complaint.  The amount would certainly carry interest, though under the circumstances, at the rate of 12% per annum, from the date of receipt of Ext.P7 notice, which is 20.4.2020, till the date of realisation.  Complainant will be also entitled for Rs.5000/- as litigation costs from  opposite party.  Point Nos.1 and 2 are answered accordingly.

 

4. Point No.3:

 

          In the result, petition is allowed in part with costs. 

a. Opposite party is directed to pay Rs.66,850/- to the complainant with interest at the rate of 12% per annum, from 20.4.2020 till the date of realisation and also an amount of Rs.5000/- as litigation costs.

 

b.  Amount ordered as per clause (a) shall be paid within 45 days from the date of receipt of a copy of this order.

 

             Pronounced by this Commission on this the  8^th  day of June, 2022

 

                                                                             Sd/-

SRI. C. SURESHKUMAR, PRESIDENT

 

                             Sd/-

SMT. ASAMOL P., MEMBER

 

                        Sd/-

SRI. AMPADY K.S.,  MEMBER

                            (cont...4)

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APPENDIX

 

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1        -  copy of policy

Ext.P2        -  certificate issued by KSEB dated 1.8.2018

Ext.P2(a)  -  estimate of the damages assessed  by KSEB

Ext.P3       -copy of receipt for payment of Rs.66,850/-

Ext.P4       -  photocopy of FIR registered as Crime No.475/18 of Adimali Police

           Station, under Section 279 and 337.

Ext.P5      -  photocopy of the application form given by the driver.

Ext.P6      -  copy of RC of the vehicle.

Ext.P7      -  office copy of lawyer notice issued to the opposite party.

On the side of the Opposite Party :

Nil.

 

 

                                                                               Forwarded by Order,

 

 

                                                                          ASSISTANT REGISTRAR