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.;