M.THANIKACHALAM J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant / appellant being the owner of a vehicle bearing Registration No.TN 04 D 0927, had insured the same with the opposite party for the period from 17.10.2002 to 16.10.2003, under which the opposite parties had agreed to reimburse claim if any, as per the terms and conditions of the policy.
(3.) The vehicle met with an accident on 9.11.2002, at Anakaputhur bridge, while it was driven by a person, having valid license, causing intensive damage to the vehicle which was reported to the opposite party, who in turn belatedly deputed a surveyor. The complainant lodged a claim for the loss sustained by him in repairing the vehicle, which was repudiated on 6.11.2003, as if the complainant had used LPG gas, as fuel, which is not a breach of warranty. His vehicle was fitted with LPG, in addition to petrol, to the knowledge of the opposite party, who insured the vehicle. The non-settlement of the claim, by the opposite party on frivolous ground, should be construed as deficiency in service, which was not even rectified despite notice. Hence the complainant is constrained to file this case, for the recovery of a sum of Rs.56000/- towards the expenses incurred, in addition to a sum of Rs.1 lakh as compensation, for mental agony with cost.;