United India Assurance Co. Ltd., V/S K.R. Anantha - Consumer Court Case

Karnataka

Mysore

CPA/93/165

K.R. Anantha - Complainant(s)

Versus

United India Assurance Co. Ltd., - Opp.Party(s)

07 Jul 1997

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.1542/F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysore-570009.
consumer case(CC) No. CPA/93/165

K.R. Anantha						...........Appellant(s)
Vs.
United India Assurance Co. Ltd.,						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

After examining the merits and demerits of the case, we have come to the conclusion that this is a case of deficiency in service on the part of respondent. The life tax for the vehicle is being collected by RTO. Hence, the opposite party's version Rs.1,000/- was included in the policy amount of Rs.7,400/- can not be accepted. The loss assessor of opposite party valued the vehicle for Rs.4,000/- only. Since the vehicle was stolen, we cannot take into account the assessment report of the loss assessor. But we accept the depreciation amount as given in the policy. Hence, the following relief is ordered to be given to the complainant by the opposite party after deducting Rs.4,000/- which was already paid to complainant on 11.2.97. 1. The policy amount after deducting 25% as depreciation is Rs.5,550/-. 2. Interest at 18% to that amount from the date of theft (30.1.1997) till the date of payment Rs.4,000/- (11.2.97). 3. Interest at 18% for Rs.1,550/- from 12.2.97 till the date of payment. 4. Court cost Rs.300/-.

After examining the merits and demerits of the case, we have come to the conclusion that this is a case of deficiency in service on the part of respondent. The life tax for the vehicle is being collected by RTO. Hence, the opposite party's version Rs.1,000/- was included in the policy amount of Rs.7,400/- can not be accepted. The loss assessor of opposite party valued the vehicle for Rs.4,000/- only. Since the vehicle was stolen, we cannot take into account the assessment report of the loss assessor. But we accept the depreciation amount as given in the policy. Hence, the following relief is ordered to be given to the complainant by the opposite party after deducting Rs.4,000/- which was already paid to complainant on 11.2.97. 1. The policy amount after deducting 25% as depreciation is Rs.5,550/-. 2. Interest at 18% to that amount from the date of theft (30.1.1997) till the date of payment Rs.4,000/- (11.2.97). 3. Interest at 18% for Rs.1,550/- from 12.2.97 till the date of payment. 4. Court cost Rs.300/-.