Karnataka

Chitradurga

CC/34/2018

Peddanna T.N. S/o Nageshappa T. Owner of - Complainant(s)

Versus

The Reliance General InsuranceCo Limited - Opp.Party(s)

Parthalinga

25 Aug 2018

ORDER

COMPLAINT FILED ON :16/04/2018

               DISPOSED ON:25/08/2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 34/2018 DATED:25th AUGUST 2018

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

                                BSc.,MBA., DHA.,

LADY MEMBER

COMPLAINANT/S	Peddanna T.N. S/o Nageshappa T. Owner of Cruiser vehicle Bearing Reg No. KA-16-B-1537, R/o JCR Extension, 4th Cross Chitradurga Town.   (Rep by Smt/Sri.R.N. Parthalingappa, Advocate)
OPPOSITE PARTY	The Reliance General Insurance Co., Limited, Represented by its Branch Manager, The Reliance General Insurance Co Limited, Branch Office, Opp to Jagaluru Mahalingappa Towers, P.B. Road, Chitradurga.   (Rep by Smt/Sri.B.M. Ravichandra, Advocate) (ex-parte)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the OP to direct the OP to pay Rs.2,00,000/- towards damage, Rs.56,000/- towards loss of income, Rs.1,00,000/- towards mental agony, loss of income with interest at the rate of 18% p.a and to grant such other reliefs.

2.     Brief facts of the complaint is that, the complainant is the RC owner of Cruiser bearing Registration No.KA-16 B-1537 and the same has been insured with the OP under policy No.1406252340005230 for a period from 17.03.2016 to 16.03.2017 covering third party risk, P.A for owner cum driver for an amount of Rs.2,00,000/-, 11 passengers excluding driver and also covering own damage of the vehicle for an amount of Rs.3,11,850/-.  It is submitted that, on 09.02.2017 at about 9-00 AM the complainant has appointed one Sri. Thippeswamy S/o Sunkappa as a driver to the above said vehicle, who had a DL to drive the same was driving the said vehicle from Chitradurga towards Dodda Chellur village along with passengers.  The said vehicle came near Upparahalli-Meerasabihalli gate, Challakere Taluk, due to rash and negligent driving of the driver, capsized the same.  Due to the said impact, the vehicle was entirely damaged.  After the accident, the complainant intimated to the OP through telephone and thereafter, complainant visited the office of the OP and given information in writing.  The OP has appointed the surveyor, who visited the place and surveyed the vehicle.  The complainant has given claim form, RC, FC, Permit, DL of Thippeswamy S/o Sunkappa and entire police records to the Branch Office for settlement of the claim.  In spite of the same, the OP never settled the claim of the complainant.  The complainant has not repaired the vehicle in time, since the complainant has no amount to repair the same and after collecting the money from his relatives and friends, repaired his vehicle in Mahalakshmi Auto Mobiles, Davanagere and also intimated the same to OP.  But the OP has neglected and not sent any surveyor for conducting final survey.  Again on 23.01.2018, the complainant has given letter to the Manager, Reliance General Insurance Company for conducting final survey but, it went in vain.  Thereafter, the complainant has visited the Branch Office, Chitradurga so many times for settlement of the claim, but OP never settled the claim.  The complainant is not having any income and he is totally depending upon the income from the above said vehicle.  Due to the idling of the said vehicle for one year two months, the complainant has lost the income of Rs.4,000/- p.m for 14 months, the loss would be Rs.56,000/-.  The act of the OP is not proper, the same leads the intention of the OP to drag on the matter.  The complainant has suffered mental agony, which cannot be measured in terms of money, but same has to be adequately compensated in terms of money and in this regard, he has sustained loss of more than Rs.2,00,000/-.  The attitude of the OP amounts to deficiency in service.  The OP has repudiated the claim on unsustainable, illegal and flimsy grounds and the complainant has not violated any terms and conditions of M.V Act.  The cause of action arose for this complaint on 09.02.2017, the date of accident and also on subsequent date on 23.01.2018, the date on which the complainant has issued legal notice to the OP, which is within the jurisdiction of this
Forum and hence prayed for allow the complaint. 

     

3.     After service of notice, one Sri. B.M. Ravichandra, Advocate appeared on behalf of OP and filed his version.  According to the version filed by the OP, it is admitted that, the complainant is the RC owner of the Cruiser vehicle bearing Registration No.KA-16 B-1357 and the same has been insured with the OP for a period from 17.03.2016 to 16.03.2017.  Further it is admitted that, the said vehicle met with an accident near Upparahalli-Mirasabihalli gate, Challakere Taluk on 09.02.2017 and further admits that, the Driver of the said vehicle is having DL and the vehicle is having RC, FC, Tax paid receipts, permit, but only repudiation made by the OP is that, they have sent letters to the complainant on 19.08.2017, 08.09.2017 and 23.09.2017 calling upon the complainant to produce cancelled cheque, pass book for FT and original repair invoice bill to the company, but the complainant has not sent the same and therefore, the claim of the complainant is closed and hence, prayed for dismissal of the complaint.

 

4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 to     A-10 and closed his side.  One Sri. Pradeep. D.S, Legal Claims Manager of OP Company examined as DW-1 and relied on Ex.B-1 to B-4 documents and closed their side.     

 

5. Heard the arguments.  

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

 

Point No.1:-Whether the complainant proves that, the OP has failed to settle his claim towards repair of his vehicle, which met with an accident on 09.02.2017, when the policy was in force at the time of accident and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

       

7. Our findings on the above points are as follows.

 

        Point No.1:-Partly Affirmative.

        Point No.2:- As per the final order.

 

::REASONS::

 

8. Point No. 1:-It is not in dispute that the complainant is the RC owner of Cruiser bearing Registration No.KA-16 B-1537, the same has been insured with the OP under policy No.1406252340005230 and the same was in force from 17.03.2016 to 16.03.2017, for an IDV of Rs.3,11,850/- and the insurance covered amount is of Rs.2,00,000/-.  On 09.02.2017 at about 9-00 AM, the said vehicle was capsized near Upparahalli-Mirasabihalli gat, Challakere Taluk due to rash and negligent driving of the driver and completely damaged.  After the accident, the complainant intimated about the accident to the OP through telephone and also given an application in writing.  After the information collected from the OP, appointed a surveyor for assessment of the damage caused to the vehicle.  After the accident, the complainant has collected money from his relatives and his friends repaired his vehicle and informed the OP for appointment of surveyor to give final survey report, but the OP failed to appoint the surveyor and repudiated the claim on the ground that, the complainant has not produced the cancelled cheque, pass book for FT and original repair invoice bill, the same is not sustainable under law because the complainant has produced the original bills before this Forum in all 9 bills, the same has been marked as Ex.A-9, which shows the complainant has spent nearly Rs.1,54,000/- towards repair of the said vehicle.  The repudiation made by the OP is only to give trouble to the complainant, which is a deficiency in service in settling the claim of the complainant on the part of OP.

    9.              We have gone through the entire documents, affidavits filed by both parties.  As per the complaint and documents, it clearly goes to show that, the complainant is the RC owner of the Cruiser bearing Registration No.KA-16 B-1537 and he obtained insurance policy No.1406252340005230 for a period from 17.03.2016 to 16.03.2017 and the same has been admitted by the OP.  The vehicle met with an accident on 09.02.2017, which is within the policy period.  The OP has taken a main contention in its version that, the complainant has not produced the cancelled bill, pass book for FT and original repair bills, the same is not sustainable under law because the complainant has produced the same.  When the policy was in force at the time of accident, it is the duty of the insurance company to settle the claim.  In this case, the complainant has requested so many times to the OP for appointment of surveyor to give final survey report to assess the damage caused to the vehicle but, the OP failed to do so.  The bills produced by the complainant clearly shows that, he has spent Rs.1,54,000/- towards repair charges.  Accordingly, the OP has to pay the same.    Therefore, this Forum comes to the conclusion that, the complainant is entitled for the compensation.  Accordingly, we answer Point No.1 held as affirmative. 

 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that the OP is hereby directed to pay a sum of Rs.1,54,000/- to the complainant towards repair charges of the Cruiser bearing Registration No.KA-16 B-1537 along with interest @ 9% p.a from the date of accident till realization.

 It is further ordered that, the OP is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

It is further ordered that, the OP is hereby directed to comply the above order within 30 days from the date of this order.

 

(This order is made with the consent of Lady Member after the correction of the draft on 25/08/2018 and it is pronounced in the open Court after our signature)

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OP:

DW-1:- Sri. Pradeep. D.S, Legal Claims Manager of OP Company by filing affidavit evidence

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Policy
02	Ex-A-2:-	FIR
03	Ex-A-3:-	Statement of Ganesh
04	Ex.A-4:-	Charge Sheet
05	Ex.A-5:-	Motor Vehicles Accident Report
06	Ex.A-6:-	Spot Panchanama
07	Ex.A-7:-	RC
08	EX.A-8:-	6 Photos
09	Ex.A-9:-	9 Cash Bills
10	Ex.A-10:-	Letter dated 23.01.2018 by the complainant to OP

 

Documents marked on behalf of OP:

01	Ex-B-1:-	Letter dated 19.08.2017 by OP to complainant
02	Ex-B-2:-	Letter dated 08.09.2017 by OP to complainant
03	Ex-B-3:-	Letter dated 23.09.2017 by OP to complainant
04	Ex.B-4:-	Postal receipt

 

 

LADY MEMBER                               PRESIDENT

Rhr.