The Dakshina Kannada District Consumer Disputes Redressal Forum has directed an insurance company to pay Rs. 2.24 lakh to a consumer and awarded him a compensation of Rs. 5,000 and litigation cost of Rs. 1,000.
Narayana K. of Kanyana House, Herebandady Post, Puttur taluk, said that Future Generali India Insurance Co. Ltd., M.G. Road, Lalbagh, had repudiated his Rs. 4 lakh claim after his vehicle met with an accident. His insured maxi-cab had met with an accident in March 2010 near Moodbidri on National Highway No.13 and suffered extensive damage. Repudiating the claim, the company had maintained that the complainant had no insurable interest and stated that he had sold the vehicle to Thimmappa.
It said the vehicle was not in his possession on the date of the accident and Mr. Thimmappa had made a separate claim with regard to the accident.
The forum, headed by Ravishankar, found that the policy and the RC book were in the name of Mr. Narayana on the date of the accident (March 16, 2010).
Although the company produced a copy of the agreement of July 30, 2009 to sell the vehicle to Mr. Thimmappa, the forum observed in its July 21 order that it was only an agreement to sell and not a sale deed in itself.
The company said neither produced R.C. Book nor policy was in the name of Mr. Thimmappa.
“We are of the opinion that it is the burden of the Opposite Party to establish that complainant had no insurable interest.” It said it was Mr. Thimmappa who “had no insurable interest” and the company had wrongly considered that the complainant was not entitled to get the damage claim.
Pointing out that the surveyor had assessed the loss at Rs. 2,24,184, the forum asked the insurance company to pay this amount to Mr. Narayana along with compensation of Rs. 5,000 and litigation expenses of Rs.1,000.
In another case, the forum asked the Water Distributing Committee of Kinnigoli Gram Panchayat to supply water regularly to Lolaksha (50) of Golijora area. It has ordered payment of compensation of Rs. 2,000 to him besides litigation cost of Rs. 1,000.
Mr. Lolaksha had complained that the committee, which had been receiving regular payment from him for supply of water, had stopped the service from February. Although he wrote to the Committee president twice, action was not taken. The forum found that the water meter installed on the premises of Mr. Lolaksha had not been functioning. The committee had neither admitted nor denied the allegations, the forum observed in its recent order.