ORIENTAL INSURANCE CO. LTD Vs. S.V. MUTHUKUMAR
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
M. THANIKACHALAM J. -
(1.) The opposite party is the appellant.
(2.) The complainant being the owner of Maruti Omni, bearing Registration
No.TN-07-P-3596, insured the same with the opposite party for the period
from 4.10.2003 to 3.10.2004. This vehicle met with an accident on
30.09.2003, in which, the vehicle also sustained damage, for which, claim
was lodged in the month of November 2003. The opposite party instead of
settling the entire amount, as estimated for the damage, offered to pay
only a sum of Rs.5,020/-, which was refused. Thereafter, notice was also
issued, claiming a sum of Rs.12,808/- being the actual expenses incurred
by the complainant, which was repudiated, on unjustifiably grounds,
thereby, the opposite party has committed deficiency in service,
inflicting mental agony and other sufferings, for which also the
complainant is entitled to compensation. Thus, a claim came to be filed
before the District Forum in O.P.82/2005.
(3.) The opposite party in its Written Version, admitting the insurance
coverage given to the vehicle, as well the accident, in which, the
vehicle of the complainant sustained damage, would contend, that in the
vehicle, the total damage caused was estimated at Rs.5,020/-, which was
offered, but the complainant refused to accept the same and therefore,
there is no question of deficiency in service. It is further stated in
the Written Version, that the complainant has claimed inflated value,
which was negatived, which will not come within the meaning of
deficiency, thereby, praying for the dismissal of the complaint.;
Copyright © Regent Computronics Pvt.Ltd.