M. THANIKACHALAM J. - (1.) The appeal is filed against the order of the District Forum, Vellore in OP.No.60/1998 dt.25.5.2005, wherein the opposite party/ appellant failed in their attempt to resist the case, successfully.
(2.) The complainant/ respondent being the owner of a lorry, bearing Regn. No.TCB 8208, insured the same with the opposite party on 10.3.1995, covering the period, till 9.3.1996, wherein the opposite party assured to indemnify the loss if any, sustained by the owner/assured, of the vehicle.
(3.) The complainant had purchased the vehicle under Hire Purchase Agreement, with M/s. Sethiya Investments, Sowcarpet, Chennai. The vehicle met with an accident on 18.8.95, which was intimated to the opposite party, who deputed a surveyor, to assess the damage of the vehicle, and the damage of the vehicle was assessed at Rs.1,41,700/-. The opposite party even based upon a surveyor report, failed and neglected to pay the amount, thereby committed deficiency. It is reported by the opposite party, that paying a meager sum of Rs.50000/- to the financier, the matter has been settled, for which the complainant has not given any consent. Despite issuance of notice also, there was no proper reply, thereby the complainant is constrained to file the case for the recovery of a sum of Rs.1,21,700/-, with compensation of Rs.5000/- alontwith cost.;