N. ASHIK AHAMED Vs. BRANCH MANAGER, NATIONAL INSURANCE
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
M. THANIKACHALAM J. -
(1.) The complainant, not satisfied with the order of the District Forum,
has filed this appeal, for enhancement of the compensation.
(2.) The appellant, who is the owner of a Fiat Uno Disel Car, bearing
Registration No.TN-45-V 6669, had insured the said vehicle, with the
opposite party, comprehensively for the period 25.10.00 24.10.01. On
28.11.00, when the complainant was driving vehicle, in order to save a
motor cyclist, turned the vehicle, resulting accident, sustaining damage
to the vehicle, for which report was given to the opposite party, and the
vehicle was handed over to TVS engineers for repairs, who had collected a
sum of Rs.74,950/-. When the claim was made, based upon policy, the
opposite party sent a voucher, only for a sum of Rs.2143/-, as if that
claim alone is admissible, thereby they have committed deficiency, in not
paying the entire amount, despite notice. Hence the complainant is
constrained to file the case, for recovery of a sum of Rs.74,950/-, in
addition to a sum of Rs.10000/-, as damages for the mental agony.
(3.) The opposite party/ respondent, denying the accident, admitting the
comprehensive policy issued by them, would contend further, that
originally the complainant submitted an estimate, obtained from M/s. TVS
Iyengar and sons, for Rs.18500/- alone and lodged a claim, that the
surveyor appointed by them, had assessed the damage of the vehicle at
Rs.2,143/-, on which basis a request was sent to sign the voucher, which
was refused by the complainant, which should go to show that the opposite
party has not committed any deficiency in responding the claim of the
complainant, thereby praying for the dismissal of the complaint, denying
further allegations also.;
Copyright © Regent Computronics Pvt.Ltd.