M.THANIKACHALAM J. - (1.) This appeal is filed by the appellant / opposite party, who suffered an order before the District Forum, Namakkal in COP No.13/2006.
(2.) The complainant, knocked the doors of District Forum, Namakkal, by way of filing complaint, for the recovery of a sum of Rs.2,98,995/-, being the repair charges of the vehicle, which was insured with the opposite party, and for the recovery of a sum of Rs.10 lakhs as compensation, on the ground with among other grounds, that her vehicle, bearing Regn. No.KA 03 9297, was comprehensively insured with the opposite parties, for the period from 29.10.2002 to 28.10.2003, that the vehicle met with an accident on 22.11.2002, causing extensive damage to the vehicle, that for the accident caused, upon the complaint a police case was registered, charge sheeted, resulting conviction of the driver, that upon claim, though a surveyor had assessed the actual damage, when claim was lodged, the same was repudiated by the opposite parties on wrong grounds, and therefore they should be directed to not only to pay the repair charges, but also compensation.
(3.) In the written version, the appellants as opposite parties, having denied all the averments, which are against them, have stated that the vehicle, which involved in the accident was driven by one Saravanan @ Rajavelu, while he was under intoxication and that preparing false documents, a claim was made, which was repudiated, since the claim of the complainant was affected by Suppressio Veri and Suggestio Falsi, that the Forum has no jurisdiction, and that the claim is also bared by limitation, thereby praying for its dismissal.;