M.THANIKACHALAM, J. - (1.) This appeal is targeted against the order of the District Forum, in CC.No.71/2006, on the file of District Forum, Dindigul, wherein a direction has been issued to pay compensation, affixing deficiency in service, upon the 2nd opposite party/ appellant.
(2.) Factual matrix: The complainant had purchased an Indica Car, bearing Regn. No.TN 57 X 5533, which was insured with the 2nd opposite party, by the 1st opposite party, for the period from 5.7.2005 to 4.7.2006, for which necessary endorsement was made in the RC book, on 10.2.2006.
(3.) On 26.2.2006, when the complainant and his family members were travelling in the car, with an accident, causing injury to the inmates, including the complainant?s wife, for which a case has been registered under Sec.279 & 337 IPC. Though steps were being taken, for transfer of the insurance certificate, that was effected only on 2.3.2006, showing on the date of accident, the policy was in force. Based upon the policy, the complainant lodged a claim, after spending considerable amount viz. Rs.90,580/-, which was repudiated on false grounds, for which the complainant is entitled to a sum of Rs.5000/-, under the heading deficiency in service. Thus a consumer complaint was filed, for the recovery of a sum of Rs.1,05,080/-.;