BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
And
Sri. M.Krishna Reddy, M.Sc.,M.Phil., Male Member
Thursday the 18th day of June, 2009
C.C.No. 185/08
Between:
P. Vijaya Bhaskar, S/o.P.Ambayya,
H.No.1-17-75, Gareeb Nagar Atmakur -518 422, Kurnool District. … Complainant
Versus
The Oriental Insurance Company Limited, Represented by its Divisional Manager,
Bhupal Complex, Post Box.No.33, Kurnool - 518 001.
… Opposite party
This complaint is coming on this day for orders in the
presence of Sri. M. Azmathulla, Advocate, for the complainant, and Sri.
V.V.Augustine, Advocate, for the opposite party, and upon perusing the
material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.185/08
1. This consumer complaint of the complainant is filed U/S 21 G and
Sec. 11 and 12 of C.P.Act, 1986 , seeking a direction on the opposite party
to pay an amount of Rs.1,76,500/- towards repair charges, Rs.1 lakh
towards mental agony , Rs.1 lakh towards compensation, cost of the
complaint , with 18% interest p.a and any other relief or relief’s which the
complainant is entitled in the circumstances of the case.
Cond.,
2. The brief facts of the complainants case is that complainant is the
owner of the lorry bearing No. AP 21-W -2519 which was covered under the
policy bearing No. 4113000/31 /2007/ 15062. The policy was a
comprehensive in nature covering risk limit to Rs. 11 lakhs . On
17-10-2007 the complainants lorry met with an accident near Regulapalem
Village , Vishakhapatnam (District) and the lorry sustained major damages.
The complainant immediately informed the opposite party and the opposite
party appointed a surveyor by name Ramesh Babu of Kurnool , who
inspected the vehicle. The complainant spent an amount of Rs.1,76,500/-
to make the lorry road worthy and made a claim to the opposite party for
reimbursement of said amount, all the original bills are submitted to the
surveyor and inspite of submitting the bills the opposite party did not settle
the claim and the complainant resorted to the forum for relief’s.
3. In support of his case the complainant relied on the following
documents viz., (1) attested copy of registration certificate No. AP21 W
2519 , (2) Xerox copy of certificate issued by Station House Officer,
Yerramanchali P.S , (3) Xerox cop of challan and receipt , (4) Xerox copy
of claim form (5) estimation copy of New Standard Engineering works and
(6) motor insurance cum policy schedule No. 4113000/31/2007/15062 ,
besides to the sworn affidavit o f t he complainant in reiteration of his
complaint averments and the above documents are marked as Ex.A1 to A6
for its appreciation in this case and replies to the interrogatories
exchanged.
4. In pursuance to the notice of this forum as to this case of the
complainant the opposite party appeared through their standing counsel
and contested the case by filling written version.
5. The written version of opposite party denies the compliant as not
maintable either in law or on facts and submits that when the vehicle
sustained damages it has to be inspected by licensed surveyor on the spot
and photos had to be taken by spot surveyor and then the mechanic of the
garage concerned has to give estimate of the damaged parts and then only
final survey has to be made by the licensed surveyor and all the reports
must be submitted to the insurance company then only any claim basing on
the spot survey and final survey will be settled. T he claim of the
Cond.,
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complainant is not based on surveyors report and the amount of damages
was calculated by opposite party to the tune of Rs.59,000/-only as per the
surveyors report and as such the opposite party is liable to pay the said
amount only and not to Rs.1,75,500/- which is claimed by the complainant
and lastly seeks for the dismissal of complaint with cost.
6. In support of their the opposite party filed , (1) motor survey
report dated 28-04-2008 , besides to the sworn affidavit of opposite party
in reiteration of his written version averments and the above document is
marked as Ex.B1 for its appreciation in this case and replies to the
interrogatories exchanged.
7. Hence, the point for consideration is to what relief the
complainant is entitled alleging deficiency of service on part of opposite
parties ?.
8. It is the case the complainant is that he is the owner of the lorry
bearing No. AP 21– W-2519 and the said lorry is insured under the policy
bearing No. 4113000/31/2007/15062 issued by opposite party vide Ex.A6.
On 17-10-2007 the complainant’s lorry met with an accident and was badly
damaged and the complainant spent an amount of Rs.1,76,500/- to get the
lorry road worthy. The complainant informed about the accident to opposite
party , who has taken appointed an insurance surveyor.
9. Thereafter, the complainant submitted claim form and the opposite
party did not settled the claim inspite of several demands and approaches .
On the other hand the opposite party in their written version averments
admits that the accidental lorry of the complainant was surveyed by
insurance surveyor / loss assessor S.Ramesh Babu , who assessed the loss
and damages to the lorry of the complainant and submitted his report vide
Ex.B1. In the said Ex.B1 the said insurance surveyor S.Ramesh Babu
assessed the loss to the tune of Rs.69,000/- only and the opposite party in
their written version averments admits that they are liable only to the
calculated amount as calculated by the surveyor S.Ramesh Babu.
Cond.,
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10. The complainant in his written arguments admitted the
opposite party liability as per Ex.B1 surveyors report to Rs.69,000/- and
the complainant is ready to accept the said amount.
11. To sum up, as the opposite party is ready to pay the surveyors
assessed amount of Rs.69,000/- and as the complainant is also ready to
accept the said amount, the opposite party is directed to pay the said
amount of Rs.69,000/- to the complainant, as the complainant suffered
mental agony at the deficient conduct of the opposite party, in not settling
the claim , the opposite party is liable to pay an amount of Rs.5,000/- as
compensation for mental agony and as the opposite party driven the
complainant to forum for reliefs an amounts of Rs.2000/- towards costs.
12. In the result , the complaint is allowed directing the opposite party
to pay to the complainant the surveyor assessed amount of Rs.69,000/- ,
Rs.5,000/- towards compensation for suffered mental agony and Rs.2,000/-
as costs of the case within one month from the date of receipt of this order.
In default the opposite party shall pay the above award with 12% interest
from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced
by us in the open bench on this the 18th day of June, 2009.
Sd/- Sd/- Sd/- LADY MEMBER PRESIDENT MALE MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Attested Xerox copy of registration certificate AP21W2519.
Ex.A2. Xerox copy of certificate issued by Station House Officer,
Yelamanchilli, P.S.
Cond.,
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Ex.A3. Xerox copy of challan and receipt (fine receipt)
Ex.A4. Xerox copy of claim form.
Ex.A5. Estimation copy of New Standard Engineering Works.
Ex.A6. Motor Insurance Cum Policy schedule policy
No.411300/31/2007 / 15062.
List of exhibits marked for the opposite parties:
Ex.B1. Motor survey report dated 28-04-2008.
Sd/- Sd/- Sd/-
LADY MEMBER PRESIDENT MALE MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on :
