NEW INDIA ASSURANCE COMPANY Vs. K.RAMA KOTESWARA RAO VISAKHAPATNAM

JUDGEMENT

(1.) This is an appeal filed by the opposite party, insurance company, assailing the order of the District Forum.

(2.) The facts that led to filing this appeal are briefly as follows:

(3.) The complainant purchased on 6-8-2004 a Tata Indica DLS car and obtained an insurance policy in respect of the said car from the opposite parties. On 17-8-2004 while he was proceeding on N.H.5 on the way of Eluru as he reached Bheemadole at about 9.10 p.m. he met with an accident and the car was extensively damaged. He claimed to have immediately addressed a letter to the opposite party intimating about the accident and also informing that the car was likely to be shifted to Laxmi Motors, Guntur within next two days. So, as informed, the car was shifted to Laxmi Motors, Guntur an authorized workshop of Tata Motors. It is next submitted that no action was initiated by the opposite party. Thereupon he claimed to have addressed letters 8-9-2004 and 10-9-2004 to the opposite parties to conduct survey and take action needed. In the meanwhile Laxmi Motors repaired the damages and issued bills. The said original bills were submitted to the opposite party. The claim was also assigned a serial number. Soon the complainant received from the appellants a settlement intimation voucher settling the claim at Rs.29,416/- and claiming that the said cheque was issued to the complainant by registered post. Thereupon the complainant issued a registered legal notice to the opposite parties stating that the offer was not acceptable to him. Though the opposite parties received the same, they did not choose to give any reply. As the offer made by the opposite party was meager and unreasonable, the complainant preferred the present claim alleging that the under payment offered signified deficiency in service.