IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of June, 2016
Filed on 11.07.2013
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.211/2013
between
Complainant:- Opposite Parties:-
Dr. T.M. Sobhana 1. The General Manager
W/o Bell Raj Reliance General Insurance Co.
Dwaraka, Kalavoor P.O. Ltd., Claims Division, Regional
Alappuzha – 688 522 Office, Well Chand Heakund
(By Adv. C. Parameswaran) Marg, Mumbai – 400 001
2. Sri. Mahesan, Centre Manager
Reliance General Insurance Co.
Ltd., 2nd Floor, Kabir Plaza
YMCA Boat Jetty Road
Alappuzha – 686 001
Sri. Vibhu, Manager, Reliance
General Insurance Co. Ltd.
Claims Division, Vishnu
Building, K.P. Vallam Road
Kadavanthra, Kochi – 687 017
(By Adv. Saji Isaac – for opposite
parties 1 to 3)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The car of the complainant bearing Reg. No. KL-O4 AB 1856 involved in an accident with a Autorikshaw on 31.8.2012. The complainant had taken a policy to the car for the period from 5.9.2011 to 4.9.2012. The incident was reported to the opposite party insurance company and a surveyor assessed the damage. The complainant was informed over telephone with an amount of Rs.3475/- sanctioned as per the policy towards damages on the basis of the survey report. So far the amount was not paid by the opposite party. Alleging deficiency in service on the part of the opposite parties, the complaint is filed.
2. The version of the opposite parties is as follows:-
The allegation that the car of the complainant involved in an accident on 31.8.2012 is denied. The officer of the company informed the complainant that the amount of Rs.3,475/- was sanctioned is also denied by the opposite parties. The damages stated in the claim were already existing in the vehicle at the time of pre-inspection for policy issuance. The complainant is trying to obtain compensation for the damages which already existed in the vehicle at the time of insuring the vehicle. There is no deficiency in service on the part of the opposite parties.
3. The complainant was examined as PW1. The documents produced were marked as Exts.A1 to A4. The opposite party was examined as RW1. Documents produced were marked as Exts.B1 to B4. Exts. B3 and B4 subject to objection.
4. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
5. According to the complainant, the Hyundai 110 car belonged to her involved in an accident on 31.8.2012 with an Autorikshaw and that caused damage to the car. The car was insured with the opposite party and she informed the accident to the opposite party. The opposite parties filed version denying the allegations of the complainant. Complainant produced the policy certificate which marked as Ext.A2. As per the policy certificate the vehicle was insured during the period from 5.9.2012 to 4.9.2013 in the name of the complainant. As per Ext.B1 the vehicle has valid coverage from 5.9.2011 to 4.9.2012. Ext.A3 is the repudiation letter issued by the opposite parties. According to the opposite party the damages claimed by the complainant were already present prior to the inception of the insurance policy which was confirmed from the pre-inspection report and photographs. They further stated that the policy covers damages occurred to the vehicle by the insured perils within the period of insurance. While cross examining the RW1 he answered to the question by the learned counsel of the complainant that, “Ext.B1 policy …........................................................................Ext.B1 also shows that the endorsement was effective from 27.8.2012. So it is clear that the complainant became the policy holder from 27.8.2012. The accident was on 31.8.2012. In order to substantiate the contention, the opposite party produced the photographs of the vehicle. But they did not produce the pre-inspection report. At the same time they admitted that on getting claim intimation from the complainant a surveyor was appointed to inspect the vehicle. The survey report also produced which marked as Ext.B3. The surveyor was not examined. Hence complainant opposed in marking the survey report. But in the complaint he admitted that a surveyor inspected the vehicle and as per the survey report Rs.3475/- was allowed. Ext.B3 also shows that Insurance Company’s liability as per the assessment of the surveyor is Rs.3475/-. The contention that the damages of the vehicle which reported in the survey report were existing prior to the accident was not proved by the opposite party by producing prior inspection report. The photographs are not reliable. In the absence of the prior inspection report it is difficult to believe that the damages claimed were existing in the vehicle at the time of insuring the vehicle. Hence we are of opinion that the complainant is entitled to get an amount of Rs.3475/- from the opposite party.
In the result, complaint is allowed. The opposite party is directed to pay an amount of Rs.3,475/- (Rupees three thousand four hundred and seventy five only) with 6% interest to the complainant from the date of complaint till realization. The opposite party is further directed to pay an amount of Rs.2000/- (Rupees two thousand only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 30th day of June, 2016.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Dr. T.M. Sobhana (Witness)
Ext.A1 - Copy of the legal notice dated 9.10.2012
Ext.A2 - Copy of the policy schedule
Ext.A3 - Copy of the registered letter dated 22.11.2012
Ext.A4 - Copy of the tax invoice
Evidence of the opposite parties:-
RW1 - Mahesh. M. (Witness)
Ext.B1 - Copy of the policy with endorsement
Ext.B2 - Copy of the RC Book
Ext.B3 - Copy of the survey report (subject to objection)
Ext.B4 - Pre-inspection photos
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/- Compared by:-Pj/-
