UNITED INDIA INSURANCE CO LTD Vs. K KANNUSAMY

JUDGEMENT

(1.) The United India Insurance Company Ltd., petitioner herein which was the opposite party before the District Forum has filed this Revision Petition against the order dated 7.7.2006 passed in appeal No. 45/03 by the State Consumer Disputes Redressal Commission, Tamilnadu (in short 'the State Commission') whereby the State Commission dismissed the appeal filed against the order dated 25.7.2002 passed by the District Forum in COP No. 240/2000.

(2.) Complainant/Respondent got his vehicle insured with the Petitioner under Commercial Vehicle 'B' policy for the period from 18.3.1999 to 17.3.2000. The vehicle was left at Balan Workshop at Madurai for repairs. The engine of the lorry was dismantled and kept for carrying out repairs. There was a fire accident in a nearby workshop and it spread over to the workshop where the Respondent's lorry was left for repairs. The engine of Respondent's lorry was damaged. Respondent filed a claim for Rs. 98.040 towards the repair charges. The Surveyor appointed by the Petitioner assesses the loss at Rs. 44,998. However, he expressed his doubt whether the claim was admissible as at the time of fire accident, engine was not the part of the vehicle. The Petitioner repudiated the claim of the Respondent on the ground that the policy covered only loss or carriage to the motor vehicle and/or its accessories "whilst thereon". The Respondent being aggrieved filed the complaint before the District Forum.

(3.) District Forum allowed the complaint and directed the Petitioner to pay Rs. 44,998 to the Respondent being the cost of repair works; Rs. 10,000 as compensation for mental agony and harassment and Rs. 1,000 towards the costs.