A.K.ANNAMALAI J. - (1.) The opposite party is the appellant.
(2.) The complainant/respondent filed a complaint against the opposite party before the District Forum for the direction to settle the insurance claim for Rs.3,52,017/- as compensation and Rs.10,000/- towards cost of proceedings and Rs.5,000/- as correspondence charges with interest.
(3.) The details of the complaint in brief are as follows :- The complainant as owner of the vehicle TN 67 C 1945 insured with the opposite party for the period from 21.8.02 to 20.8.03 on payment of premium and on 8.10.02 when the vehicle was carrying 350 tins of Palmoline oil proceedings from Virudhunagar to Nagercoil met with an accident near Gangaikondan Village and due to the accident there was heavy damage and the vehicle was repaired at Deepthi agencies, Madurai by spending Rs.3,52,017/- towards repair charges. When the complainant claimed the same from the opposite party, the opposite party stated the settlement could be made only on non standard basis as the vehicle was over loaded at the time of accident and thus the claim was repudiated. There was no valid reason for repudiating the claim and thereby the complainant claiming full and final settlement on standard basis. Hence he has filed complaint seeking for the reliefs as stated above.;