M.THANIKACHALAM, J. - (1.) The complainant not satisfied with the order of the District Forum, though some reliefs were granted, has come before this commission, as appellant for enhancement.
(2.) The complainant being the owner of a Car, Ford Fiesta, manufactured by the 2nd opposite party, bearing Regn. No.TN 05 S9713, insured the same with the 1st opposite party. On 28.10.2006, when Mr.Anu Selva was returning to their office in the car, it stopped suddenly, due to raining, and the attempt to start the engine, ended in vain. Therefore, the 1st opposite party was called, immediately not attended, and as instructed by them, the complainant started the car, solely drew it to the service centre, where the estimate was given as RS.5,70,000/-, whereas the 1st opposite party, sanctioned Rs.1,36,200/-. The 2nd opposite party refused to replace the spare parts, under warrant, therefore, the complaint was filed for deficiency and negligence, claiming various reliefs.
(3.) The 1st opposite party admitting the insurance coverage, as well as claim lodged, based upon the alleged incident on 28.10.2006, resisted the case, interalia contending that the damages to the car had happened, not due to stagnation of water by heavy rain, whereas the vehicle having driven, despite repair, which alone aggravated the damage, thereby offending the conditions No.4 of the policy, that the surveyor had assessed the admissible portion of the repairs, at RS.76,270/-, which was not paid, since repairs were not completed, that cannot be termed or brought within the meaning of deficiency in service, praying for the dismissal of the complaint.;