M. THANIKACHALAM J. - (1.) The appeal is targeted against the order of the District Forum, Srivilliputhur, in O.P.No.9/2004 dt.30.01.2006, since the complainant failed in his attempt, to get favourable order.
(2.) The complainant/ appellant, is the owner of the vehicle, bearing Regn. No.TN 07 K 3020, and the same was insured with the opposite party under package policy No.65/2004, from 15.4.2003 to 14.4.2004. The vehicle when proceeding on the Aruppukkottai Main Road on 22.10.2003, it had lost its control, due to unavoidable circumstances, dashed against the tree, thereby causing severe damage to the vehicle, which was informed to the opposite party, who appointed the surveyor, for assessing the damage and to submit a report. Thereafter, the vehicle was sent to authorised service station, and the estimate of repair was prepared, quantifying at Rs.3,12,736/-. After repair, the complainant/ policy holder, lodged a claim, which was repudiated, on false grounds or untenable grounds. Therefore, seeking remedy, a notice also issued, for which there was only rejection, thereby compelling the complainant to come to the Forum, seeking relief as enumerated in the prayer column of the complaint.
(3.) The opposite party/ respondent/ insurance company in their written version, contended that the vehicle which is insured with them, met with an accident, because of the reason that the driver had consumed alcohol, resulting intoxication and when the same came to surface upon investigation, after the claim made by the insured, as per the terms and conditions of the policy, the same was repudiated for which there cannot be any grievance, thereby prayed for the dismissal of the complaint.;