NEW INDIA ASSURANCE COMPANY LIMITED Vs. R SRINIVASAN

JUDGEMENT

(1.) Respondent, who was the owner of vehicle No. TN-67-1931, approached the State Consumer Disputes Redressal Commission, Madras (the 'State Commission', for short) against the appellant in respect of the damage caused to his vehicle, which was insured with the appellant. The claim for damages for Rs. 1,47,141.70 p. was filed some time in October, 1992. On February 8, 1993, the complaint was dismissed in default. Two days later, namely, on 10-2-1993, the respondent filed an application for restoration of the complaint, but the application was dismissed by the State Commission and the complaint was not restored.

(2.) In April, 1993, respondent filed a fresh complaint against the appellant, but this complaint was filed with the District Consumer Disputes Redressal Forum, Kamarajar, Srivilliputhur, (the 'District Forum', for short) in respect of the aforesaid vehicle, for the same amount, viz. for Rs. 1,47,141.70 p.

(3.) The claim was opposed by the appellant, who filed a written statement pleading, inter alia, that it had already settled the insurance claim of the respondent for a sum of Rs. 62,811/- after scrutiny of the relevant papers and the survey report. This amount was offered to the respondent, who declined to receive the claim compensation and, therefore, in the particular circumstances of the case, there was no deficiency in service and the appellant was not liable to pay any damages under the Act nor could a claim be filed against the Insurance Company. It was further pleaded that in view of the fact that a similar complaint instituted by the respondent before the State Commission was dismissed in default and the Commission had also refused to restore it, a fresh complaint on the same cause of action was not maintainable.