M.THANIKACHALAM J. - (1.) The appellant as complainant filed a complaint before the District Forum against the respondent/opposite party praying for the direction to the opposite party to pay Rs.3,50,000/- along with interest at the rate of 18% per annum from the date of accident till payment, to pay Rs.15,000/- as compensation for mental agony and to pay the cost. The District Forum dismissed the complaint, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.26.11.2007 in C.C.59/2004. This appeal coming before us for hearing finally on 07.04.2011, upon hearing the arguments of the appellant counsel and perused the documents, as well as the order of the District Forum, this Commission made the following order: The unsuccessful complainant is the appellant.
(2.) The complainant/appellant, who is the owner of a car bearing Registration No.TN-34-A-6464, has insured the same with the opposite party, covering the period between 18.02.2003 and 17.02.2004 and the sum assured was Rs.5,23,162/-. The car met with an accident on 19.02.2003, for which, a case was registered under Section 279, 338 and 304-A IPC. The car was driven by the complainant and due to the accident, it was totally damaged.
(3.) The complainant had made a claim for payment of Rs.3,50,000/- being the value of the car after defraying the sum of Rs.1,70,000/- from the total value, which was repudiated, as if, the complainant was driving the car, under the influence of intoxicating liquor, which is false. The complainant was not under intoxicating liquor, when the accident took place and the repudiation is unjustifiable, which should be construed as deficiency in service. Hence, the complaint.;