State Consumer Disputes Redressal Commission
The Divisional Manager, vs P.Ajith, on 3 May, 2011
Daily Order
First Appeal No. A/11/276 (Arisen out of Order Dated 08/11/2010 in Case No. CC/08/150 of District Kannur) 1. THE DIVISIONAL MANAGER,NEW INDIA ASSURANCE COMPANY KANNUR KANNUR KERALA ...........Appellant(s) Versus 1. P.AJITH VIMALA GOVIND NIVAS
KUMBHAM.P.O,KOODALI KANNUR KERALA ...........Respondent(s) BEFORE: HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU PRESIDENT PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM
APPEAL 276/2011
JUDGMENT DATED: 3..5..2011
PRESENT
JUSTICE SRI K.R.UDAYABHANU : PRESIDENT
SRI.S.CHANDRAMOHAN NAIR : MEMBER
The Divisional Manager, : APPELLANT
New India Assurance Co.Ltd.,
Kkannur.
(By Adv.B.Ashok Kumar)
Vs.
P.Ajith, : RESPONDENT
S/o Govindan,
P.Ajesh Kumar,
S/o Govindan,
VImala Govind Nivas,
Kumbham.P.O., Koodali,
Kannur District.
JUDGMENT
JUSTICE SRI K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties/Insurance Company in CC.150/2008 in the file of CDRF, Kannur. The appellants are under orders to pay a sum of Rs.27000/- towards the assured sum and 1000/- towards cost.
2. The matter is with respect to the alleged repudiation of the claim with respect to the jeep owned by the complainant that met with an accident. The claim was repudiated on the ground that on the date of accident the driver was not having driving license and badge.
3. The evidence adduced consisted of the testimony of PWs 1 to 3; DWs 1 and2; Exts A1 to A5 and B1 to B13, X1 and X1(a).
4. The Forum has awarded only an amount as assessed by the Surveyor deputed by the appellant although the complainant claimed a sum of Rs.75000/-. The only dispute is with respect to the alleged failure on the part of the driver of the vehicle who had not renewed the license and badge as on date of the accident. It is seen from the order that the driver was a person having driving license and badge which have been issued in 1992 and 1993 respectively and periodically renewed. The Forum has relied on the decision of the Full Bench of High Court of Kerala in Oriental Insurance Co.Ltd. Vs. Poulose, 2004 (1)KLT 8(F.B). In the circumstance we find that there is no patent illegality in the order of the Forum. In the circumstance the appeal is dismissed in limine.
All the same the appellants are directed to make the payment within 3 months from the date of receipt of this order failing which the appellant is liable to pay interest at 12% from 3.5.2011 the date of this order.
Office will forward the copy of this order to the Forum urgently.
JUSTICE K.R.UDAYABHANU : PRESIDENT
S.CHANDRAMOHAN NAIR : MEMBER
ps
[HONARABLE MR. JUSTICE SHRI.K.R.UDAYABHANU] PRESIDENT