NEW INDIA ASSURANCE CO LTD Vs. COASTAL AGRO INDUSTRIES LTD
LAWS(NCD)-2021-1-33
NCDRC
Decided on January 18,2021

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Coastal Agro Industries Ltd Respondents

JUDGEMENT

C VISWANATH,J. - (1.) The present Appeal has been filed against the order dated 06.12.2019 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Vijayawada ('the State Commission') in CC no. 21 of 2015.
(2.) Ia no. 6935 of 2020 is an application for Condonation of Delay. According to the Registry, there is a delay of 260 days, though the Appellant has not mentioned any number in his application. The impugned order of the Andhra Pradesh State Consumer Disputes Redressal Commission at Vijayawada is dated 06.12.2019. The order was received by the Counsel for the Appellant on 30.12.2019. As per the averments made in the application for Condonation of Delay, there was a delay in seeking legal advice and thereafter on 23.03.2020, lock down was declared. Hon'ble Supreme Court in Suo Moto Writ Petition no. 3 of 2020, vide its order dated 23.03.2020, has extended the time for filing any petitions/ applications/ suits/ appeals/ all other proceedings irrespective of the limitations prescribed under general law or special laws whether condonable or not with effect from 15.03.2020 till further order to be passed. In view of the above, the delay is condoned and IA No. 6935 of 2020 is allowed.
(3.) Case of the Complainant/ Respondent is that he has been carrying on agro industries business. A BMW M3 Coupe car bearing registration no. AP 13 R 0009, was purchased from M/s Hetero Labs Limited, Hyderabad for an amount of Rs.57,04,000/-. The Complainant took an Insurance Policy - "Private Car Enhancement Cover Policy" bearing no. 62060331120300003714 for a sum of Rs.58,80,000/- valid from 09.01.2013 to 08.01.2014, from the Appellant/ Opposite Party. On 16.02.2013, when the officials of the Company were proceeding to Bangalore from Hyderabad in the car, at Shamshabad, Ranga Reddy District, the car hit a stone in the middle of the road at 11.00 p m, resulting damage to the car. Immediately the Complainant took the car to the authorised workshop, M/s Kun Motoren, Khairatabad who found that the engine was damaged. The Complainant informed the Opposite Party about the said incident. Thereafter the Opposite Party appointed a Surveyor Vijaya Surveyors and Assessors for inspection and assessment of the loss. The Surveyor inspected the car and permitted the Complainant to get the repairs carried out. The vehicle was repaired, including replacement of the engine and the car was made road worthy. The Complainant paid the entire repair charges of Rs.23,20,352/- to M/s Kun Motoren (Motors) Khairatabad, Hyderabad The Surveyor inspected the car again on 21.09.2013 and submitted his final report. The Opposite Party had appointed another Surveyor Shri A Chandrasekhara Rao in March or April 2014 to give his technical opinion on the damage and the admissibility of the claim. The Opposite Party repudiated the claim vide letter dated 25.02.2015, nearly after two years from the date of the accident. Thereafter the Complainant sought copy of the Surveyor Reports through RTI, which was duly supplied. Aggrieved by the repudiation of his claim complaint was filed before the State Commission for redressal of his grievances with the following prayer: To pay claim of the Complainant of Rs.35,22,866/- (Rs.23,20,245/- + Rs.12.02,621/-) with interest of 24% per annum from the date of the complaint till realisation; To award an amount of Rs.5,00,000/- towards compensation for mental agony and suffering, and the OP 1 and 2 are liable to pay the same; To grant costs Rs.30,000/- for the complainant; To grant such further and other incidental relief's as the Complainant be found entitled as deem just and proper. ;


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