UNITED INDIA INSURANCE CO.LTD. Vs. SYED CHAND BASHA
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UNITED INDIA INSURANCE CO.LTD.
SYED CHAND BASHA
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MAMATA LAKSHMANNA,MEMBER -
(1.) THIS appeal is filed by the
opposite parties in C.D. No. 113/1998 on the file of District Forum,
(2.) THE complainant, owner of DCM Toyota A.P. 04 T 0826, insured the vehicle with the opposite parties for Rs. 1,40,000/ - on 21.4.1997
valid upto 20.4.1998. The vehicle met with an accident on 1.5.1997 as it
dashed against RTC bus. The driver of the vehicle died and the vehicle
was damaged. He immediately reported the accident and spot survey was
conducted by the opposite parties, Surveyor. The complainant spent Rs.
80,000/ - for repair of the vehicle which was brought to the notice of the opposite parties, but since the amount was not paid, the complaint was
filed with a request to pay the above amount with Rs. 10,000/ - towards
mental agony and Rs. 1,500/ - towards costs.
(3.) THE opposite parties in their counter did not dispute the basic facts and admitted that the Surveyor estimated the loss at Rs. 63,080/ -
and after verification of the survey report and the bills furnished by
the complainant, the amount worked out at Rs. 61,560/ - but on
verification of drivers licence, it was found that he had only light
motor vehicle licence at the time of accident and did not have the
required driving licence for driving transport vehicle with specific
authorisation and hence the claim was repudiated on 20.3.1998.
The District Forum after going through the evidence and material on record, came to the conclusion that there was deficiency in
service on the part of the opposite parties and directed them to pay Rs.
61,560/ - towards damages with interest at 12% p.a. from the date of order till realisation together with compensation of Rs. 2,000/ - and costs of
Rs. 500/ -.;
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