NEW INDIA ASSURANCE CO LTD Vs. SALEH SIAMWALA

JUDGEMENT

(1.) The opposite party in O.P. No. 251/99 on the file of the District Forum, Chennai (South) is the appellant herein.

(2.) The complainant s case was as follows : He had insured his vehicle with the opposite party for the period from 24.4.1998 to 23.4.1999. It met with an accident on 4.7.1998 when his wife Razia was driving it. The complainant s daughter, who was in the car with his wife, had suffered simple minor injuries. His wife Razia was charge-sheeted and a fine was imposed. He sent his car for repair to his authorized service agent and also informed the opposite party about the accident. Spot survey was conducted. He requested the opposite party to issue work order to the repairer to enable him to hand over the vehicle. He also submitted all the relevant records. The opposite party sought clarifications regarding the driver of the vehicle at the time of the accident, disputing the complainant s claim that his wife was driving the vehicle at the time of the accident. Since the opposite party failed and neglected to settle the claim, the complaint came to be filed alleging deficiency in service on the part of the opposite party and claiming the repair charges in a sum of Rs. 49,735 with compensation of Rs. 50,000 and costs.

(3.) The opposite party resisted the complaint as follows : Only the daughter Ms. Fathima drove the vehicle and not Mrs. Razia. The person injured who had lodged the details regarding the accident with the complainant s vehicle reported that only the complainant s daughter was driving the vehicle and not the complainant s wife. The complainant had manipulated the case in such a way to safeguard the interest of his daughter and furnished incorrect details. No amount was payable as the complainant s daughter did not have a valid licence and the compensation claimed was unsustainable.