NATIONAL INSURANCE CO. LTD. Vs. B. VENKATASWAMY

JUDGEMENT

(1.) The Complainant B. Venkatswamy got his Mahindra Maxx vehicle insured with the OP National Insurance Co. Ltd. for the period from 08.04.2009 to 07.04.2010 for Rs.5,00,000/-. On 07.04.2009, said vehicle was confiscated on the ground of having IMFL liquor bottles in the vehicle and a case in crime No. 49/2009 under section 34(a) of Andhra Pradesh Excise Act was registered at Sanjamala Police Station. The vehicle was in the custody of Deputy Commissioner of Prohibition & Excise, Kurnool (in short DC). On the intervening night of 2/3 October 2009 flood water entered into Kurnool city wherein his vehicle was also damaged. On intimation, the insurance company deputed a Surveyor, who took photographs of the damaged vehicle. As the vehicle was in the custody of Excise Department, he could not get the vehicle repaired till 07.01.2010. When the DC issued proceedings for release of the vehicle, in the first week of February, 2010 he got the vehicle repaired at Kadapa incurring an amount of Rs.1,08,680/-. The OP did not entertain the claim as the intimation was given after 4 months' of the alleged damage of the vehicle. The Complainant submitted that the delay in intimation, was due to confiscation of the vehicle by the Excise Department. In spite of addressing letters explaining the reasons for delay in intimation the OP did not settle the claim. Hence, a complaint claiming Rs.1,08,860/- towards the amount spent for repairs together with compensation and costs was filed before the District Consumer Disputes Redressal Forum, (in short, 'District Forum').

(2.) The District Forum dismissed the Complaint.

(3.) Aggrieved by the said order, the Complainant preferred the appeal F.A.1073/2011 before the State Consumer Disputes Redressal Commission (in short, 'State Commission') contending that the Complainant was not aware of the condition of the vehicle till it was handed over to him on 22.02.2010, and the OP did not investigate into the matter about the genuineness of the claim.