M.THANIKACHALAM, J. - (1.) The complainant having failed before the consumer forum, to recover the amount, as per the policy of insurance, alleging deficiency, has come before us, as appellant.
(2.) Facts: The complainant /appellant had purchased a Ford Fiesta 1.4 TDCI, ZXI-ABS model, having chasis No.MAJBXXMRTB6SB2058 and Engine No.6SB2058, from the dealer on 31.3.2006, which was insured with the opposite party, covering the period 31.3.2006 to 30.3.2007, for which the complainant had also obtained temporary registration certificate.
(3.) On 22.8.2006, when the complainant was driving the vehicle from Thanjavur to Karur, had met with an accident, in which the vehicle was completely damaged, though none hurt in the accident. The accident was immediately informed to the insurance company, including the valid license, possessed and owned by the driver. The complainant had not violated any of the conditions in the certificate of insurance, except the fact, the complainant was unable to get permanent registration for the vehicle, between the end of temporary registration, and the date of accident. Pursuant to the policy, since the vehicle was damaged as per the estimate to the extent of Rs.4 lakhs, the opposite parties are liable to reimburse the same, which they failed, despite repeated request, informing that they are not liable to pay the amount, because of non-registration of the vehicle, thereby causing mental agony also to the complainant, for which also the complainant is entitled to a compensation of Rs.2 lakhs. Thus alleging deficiency, a consumer complaint was filed, for the recovery of a total sum of Rs.6 lakhs, with interest and cost.;