NATIONAL INSURANCE COMPANY LTD Vs. MUMMALI GOPALA KRISHNA ALIAS KRISHNA BABU

JUDGEMENT

(1.) The opposite party in C.D.No.47 of 2004 on the file of District Forum-Nellore is the appellant herein.

(2.) The complainant filed the complaint contending that he is the owner of the auto bearing No.A.P.U259 which was purchased in the year 2000 to eke out his livelihood. On 16.2.2002 at about 2 p.m the lorry bearing No.A.P.No.26T-1413 hit the complainants auto resulting which the auto turned turtle and completely damaged. The passengers of the auto received grievous injuries. The matter was reported to the concerned police station. A case was registered against the driver of the lorry. The opposite party paid Rs.7,000/- only instead of actual repairing charges of Rs.43,890/-. Hence, the complainant filed the complaint before the District Forum seeking direction to the opposite party for the payment of amount of Rs.36,890/- with interest, damages and costs.

(3.) The opposite party resisted the case contending that the auto was purchased by the complainant under hire-purchase agreement. At the time of accident the said auto was driven by the complainant himself. The complainant is having driving license to drive auto rickshaw non-transport only. The said auto rickshaw was inspected at the accident spot by the surveyor who submitted his report on 24.2.2002. The auto was finally surveyed by the insurance surveyor and submitted his report on 3.6.2002 and as per his estimate the total loss at Rs.10,140/-. The opposite party further contended that since the complainant had no valid driving license to drive auto transport and he was also not having, the opposite party informed the complainant that it will pay only Rs.7500/- treating it as a non-standard claim. The complainant has issued a letter dated 22.7.2002 to the opposite party requesting to pay the said amount to his financier. Accordingly the said amount of Rs.7500/- to his financier M/s SVS Auto Financiers, Nellore under claim discharge voucher dated 19.9.2002 towards full settlement. The complainant was estopped from claiming further amount from the opposite party.