NEW INDIA ASSURANCE CO LTD Vs. V MUNIRAJU

JUDGEMENT

(1.) Petitioner/Opposite Party has filed this revision petition under Section 21(b) of Consumer Protection Act, 1986 (for short, 'Act') against impugned order dated 22.8.2011, passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short, 'State Commission') vide which (First Appeal No.4478 of 2010) filed by petitioner was partly allowed.

(2.) Brief facts are, that Respondent/Complainant filed complaint under Section 12 of the Act, before Additional District Consumer Disputes Redressal Forum, Seshadripuram, Bangalore -20 (for short, 'District Forum') on the ground that he is owner of Motor Vehicle No.KA-40-2824 (Light goods vehicle) which was insured with the petitioner. The said vehicle is a goods vehicle which fell under the category of 'LMV' since its un-laden weight is 3,100 kgs. The vehicle met with an accident on 17.06.2008 and sustained damages. The vehicle was driven by the driver who had valid licence. The petitioner was intimated by the respondent and petitioner deputed surveyor to assess the damage. Since, respondent was in urgent need of repairs and got the vehicle repaired with total cost of R.2,78,827/-, towing charges of Rs.8,100/-, inter cooler of Rs.13,130/- and miscellaneous charges of Rs.20,000/-. The petitioner assured the respondent that they will pay him and he can get the vehicle repaired. Accordingly respondent got the vehicle repaired. On 27.05.2009, petitioner repudiated the claim stating that the vehicle is a 'MGV' and driver had licence only for 'LGV'.

(3.) Petitioner in its written statement has stated that vehicle in question is a goods carrying commercial vehicle. The laden weight is 8,800 Kgs. It is not a light goods vehicle. The offending driver had possessed the valid licence with respect to LMV only and not to drive MGV. Hence, claim was rightly repudiated. It is denied that total loss sustained by respondent was Rs.2,78,827/-. The surveyor has assessed the net loss of Rs.1,59,862/-. Hence, complaint has to be dismissed.