A.K.ANNAMALAI J. - (1.) The opposite party is the appellant.
(2.) The complainant/respondent filed a complaint against the opposite party for the claim of Rs.4,00,000/- insured value of the stolen vehicle with 12% interest from 1.9.03 and to pay a sum of Rs.25,000/- towards compensation and for costs.
(3.) The complainants case as per the complaint is the complainant insured the lorry No.KA 04-5499 for Rs.4,00,000/- with the opposite party for the period from 26.2.02 to 25.2.03. During the subsistence of the insurance cover the vehicle was stolen on 18.7.02 and a complaint was given and as the vehicle was not traced the police case was closed and a non traceable certificate was issued by the Sunguvarchatram Police Station dated 6.8.03. The complainant after due information to the opposite party regarding the theft applied for the claim of insured amount and the opposite party offered a sum of Rs.2,75,000/- even though the vehicle was insured for Rs.4,00,000/- and would fetch up to Rs.3,75,000/- on the date of sale and the complainant sent a letter on 6.3.04 to the opposite party to reconsider their stand by explaining the circumstances and worthiness of the vehicle. But the opposite party refused to change their stand and thereby the complainant is entitled to reimburse the entire value of vehicle amount insured and the refusal for the same would amount to deficiency of service and thereby file the complaint for the relief as stated above.;