- (1.) M. THANIKACHALAM J. The opposite party who suffered an adverse order before the District Forum, Trichy, is the appellant.
(2.) The respondent herein, as complainant approached the District Forum, for the recovery of a sum of Rs.95,751/-, being the amount spent by him, for repairing the vehicle, which met with an accident, and for a sum of Rs.25000/-, as compensation, complaining deficiency in service on the grounds, with among other grounds, that the vehicle bearing Regn. No.TN 48 B 4195, belongs to him, which is comprehensively insured with the opposite party, for the period from 27.2.2003 to 26.2.2004, that the vehicle met with an accident on 31.1.2004 at about 7.15 p.m., in which the vehicle was heavily damaged, for which a case has been registered, that the factum of accident was intimated to the insurance company, and a surveyor had also inspected the vehicle, that spending a sum of Rs.95,791/-, he had repaired the vehicle, which is to be paid by the insurance company under the cover of policy, that when the claim was lodged, the opposite party offered only a sum of Rs.18,300/-, which amounts to deficiency in service, and therefore they should be directed to pay the entire repair charges, as well as for deficiency in service, the complainant should be compensated by granting of Rs.25000/- as compensation.
(3.) The appellant herein, as opposite party opposed the claim, admitting the insurance coverage, repudiating all other adverse allegations, that since they have offered to pay the reasonable repair expenses, there is no question of deficiency in service, and this being the position, the complaint deserves to be dismissed.;