S.R.AMEER JAN vs MANAGER, UNITED INSURANCE CO.LTD.

IN this complaint the complainant has claimed a total sum of Rs. 5,00,000/- with interest at the rate of 18 percent per annum from the date of the claim petition i.e., 8.4.1997 till the date of payment from the opponent.

THE allegations made in the complaint are that he is the owner of tourist vehicle bearing No. KA-02-9502 and the said vehicle was insured with the respondent which was valid from 1.6.1996 to 31.5.1997. THE said vehicle while coming from Dharmasthala to Bangalore, near Hassan met with an accident on 28.3.1997 when the policy was in force. Immediately the said fact of accident was informed to the jurisdictional police who registered a case and the fact of accident has also been informed to the Insurance Company. THE Motor Vehicle Inspector and also the officials of the Insurance Company visited the spot and assessed the damage of the vehicle. The complainant submitted his claim form with all the necessary particulars which was necessary to be submitted along with the claim petition claiming a sum of Rs. 5 lakhs as damages towards the body building and also mechanical work. In spite of repeated requests and legal notice the respondent did not settle the claim and hence the present complaint was filed. Along with the complaint the complainant has also filed his affidavit and produced documents such as insurance policy and documents to show that loan has been obtained, also the particulars furnished by Azad Coach Builders Pvt. Ltd. where he got done the repair work and the legal notice issued to O.P.

Though notice was served on the respondent, respondent did not appear before this Commission to contest the complaint. We have been taken through the pleadings, affidavit and the relevant documents in the case. The learned Advocate appearing on behalf of the complainant submitted before us that all the documents have been forwarded to the Insurance Company at the time of submitting the claim petition. In fact immediately after the accident had taken place the said fact was intimated to the Insurance Company and the official of the Insurance Company had visited the spot and assessed the damage of the vehicle. The learned Advocate further submitted that though legal notice has been issued to the Insurance Company there was no response to the said notice and they did not bother to settle the claim of the complainant. Under these circumstances he has requested this Commission to allow the complaint. We have been taken through the complaint, affidavit and the documents in the case. The complainant has produced the receipt issued by Azad Coach Builders Pvt. Ltd. for having repaired the damaged vehicle. There is no bill or documentary evidence to substantiate that the complainant has spent a sum of Rs. 3 lakhs towards the mechanical engine work. That being so, the complainant cannot claim the said amount.

THOUGH notice was served on the opponent they did not come and contest the complaint. The statement made by the complainant in the affidavit and the documents produced by him remained uncontroverted. Hence we allow this complaint. However since the complainant has not produced any material to show that in fact he has spent a sum of Rs. 3 lakhs towards the mechanical engine work we disallow the said claim. For the reasons stated above we partly allow this complaint and direct the opponent to pay a sum of Rs. 2,46,068/- with 12 percent interest. However we direct the said interest to be paid from 8.7.1997 till the date of payment. The claim petition was filed on 8.4.1997. We have given 3 months'' time the Insurance Company to settle the said claim. Hence we award the interest from 8.7.1997. We further direct that the said amount should be paid within a period of 2 months from the date of receipt of the copy of the order. We also award cost of Rs. 2,000/- to be paid by the opponent to the complainant in this proceeding. Complaint partly allowed.