SRI. JIMMY KORAH (PRESIDENT)

Filed on 28.12.2006

            The case of the complainant is that he has insured his vehicle No. KL 04/U 4147 with the opposite parties which met with a road  accident for which a crime is also registered as Crime No.122/06 by Kurithikkad Police Station.  He requested for the claim amount as per the insurance and as per his lawyer’s notice.  But no positive steps taken by the opposite parties to redressal of the grievances.  Hence the present complaint for obtaining Rs.4,25,000/- and interest after alleging deficiency of service on the part of the opposite parties.

            2.  The case of the opposite parties are that it is a commercial transport vehicle engaging driver with badge, and that his driver has no valid licence  and so opposite parties are not liable to pay any amount, and that  there is violation of policy conditions.  They also stated that there is no deficiency of service on their part and hence pray that complaint is to be dismissed.

            3.  On the side of the complainant, he was examined as PW1 and documents  Exts. A1 to A7 marked.  On  the side of the opposite parties Surveyor was examined as RW1 and document Ext.B1 marked.  

4.  We have gone through the  pleadings, documents and evidences adduced by the parties.  A short question to be decided is whether there is any deficiency in services on the part of the opposite parties.  Admittedly the driver who was operated the vehicle was not  holding badge, enabling him to driven a commercial transport vehicle.  Hence there is violation of policy conditions, the complainant is not entitled to get the claim amount.  In the above circumstances, it is held that there is no deficiency in service on the part  of the opposite parties.

In the result, the complaint is dismissed.     No order as to costs. 

            Dictated to the Confidential Asst. transcribed by her and corrected by me  and pronounced in open Forum on this the 30^th day of  March, 2009.

                                                                                                Sd/- Sri. Jimmy Korah:

                                                                                                Sd/- Sri. K. Anirudhan:

                                                                                          Sd/- Smt. N. Shajitha Beevi :         

Appendix:-

Evidence of the complainant:-

PW1                -                       Mathew Abraham (Witness)

Ext.A1             -                       Photo copy of the mahazor 

Ext.A2             -                       Photo copy of the AMVI report

Ext.A3             -                       Photo copy of the Policy     

Ext.A4             -                       Certificate of Registration (Photo copy)           

Ext.A5             -                       Driving license (Photo copy)

Ext.A6             -                       Letter dated 3.10.2006

Ext.A7             -                       Photos (5 Nos.)    

Evidence of the opposite parties:-

RW1                -                       P.A.Santhosh (Witness)

Ext.B1              -                       Motor final Survey Report

// True Copy //

                                                                                                                        By Order

                                                                                                            Senior Superintendent

To

            Complainant/Opposite parties/S.F.

Typed by:-pr/-

Compared by:-