Date of Filing : 05.01.2016 Date of Disposal : 08.05.2024 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED THIS THE 08^th DAY OF MAY 2024 PRESENT Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER Mrs. M.DIVYASHREE : LADY MEMBER CC-NO.07/2016 Hajilal H Pailwan No.697, Bijapur Road, Ambedkar Circle, Jamakandi-587301 . . ..Complainant/s (By Adv.Sri.Narayanaswamy.G)

VS

1. U

1.

nited India Insurance Company Ltd., Katagi Building, 1st Floor, Kacheri Road, Jamkhandi-587301, Rep. by its Brach Manager.

2. United India Insurance Company Ltd., P.B.No.60, Sangama Building, Shri Siddeshwara Front Road, Bijapur-596101.

Rep. by its Divisional Manager. ... Opposite party/s (By Adv.Sri.B.C.Seetharama)

ORDER

BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1. This is a complaint filed U/s.12 of CPA 1986 to direct OPs.1 & 2 to pay an amount of Rs.40 lakhs being the insured declared value of the Hyundai Hydraullic Excavator machine as per the policy along with interest at 18% from the date of claim till realisation. Further direct OPs to pay Rs.20 lakhs towards consequential damages incurred and to pay Rs.2 lakhs for causing mental agony and Rs.50,000/- towards litigation cost.

2. The brief facts of the case of the complaint are stated as follows:

The Complainant is a Class-I Civil and Electrical Contractor, dealers, manufacturers and suppliers in building, electrical, hardware materials, steel and wood furniture. He had purchased R210-7 Hydraulic Excavator on 22.08.2011 for Rs.42,75,000/-, out of which, he had availed a loan of Rs.34 lakhs from L & T Finance ltd., Initially the said Hydraulic Excavator was insured with the L & T General Insurance company and thereafter, they renewed with OP.1 by paying a premium of Rs.45,468/-. OP.1 had issued Farmer S Package Insurance and issued Certificate of Insurance of Miscellaneous and Special Type of Vehicles for the period from 18.08.2012 to 17.08.2013 and in the said certificate declared IDV of Rs.40 lakhs. Subsequent to the purchase of Hydraullic Excavator, the Hyundai Construction Equipment India Pvt., Ltd., had conducted operator training to one Mr.Riyaz Ahmed I Pathan, after successful training had certified that he understands all the parameters and operations of the machine as such fit for operating the machine. As per the work order issued by Karnataka Water Resources Board, for carrying reclamation of water logged areas coming under Morab Chinchali Nall in Raibag taluk, the R210-7 Hydraullic Excavator was put on work being operated by Mr.Riyaz Ahmed I Pathan, during the month of August 2012. On 01.09.2012 morning at around 6am Complainant had received call from his operator, who informed that on 31.08.2012, at about 10.30pm while carrying the work at Morab Chinchali village, after finishing the day‟s work when he got down the machine suddenly fire broke out from the engine and started spreading towards the cabin. Further it was also stated that the operator and the supervisor Naresh Datesha Jadav tried to put off the fire and in-spite of that the engine and the cabin of the machine was totally burnt. In this regard, the police case was lodged with Kudachi police station on 01.09.2012. The police conducted spot mahazar on the same day since the office of OP.1 was closed on Saturday and Sunday. The Complainant intimated about the accident to OP.1 on 03.09.2012 at earliest point of time and accordingly submitted a claim.

The Complainant has stated that the machine was left for repair at Muneer Heavy Earth Moving Equipment, who is authorised dealer of Hyundai Construction Equipment India Pvt., Ltd., They issued a quotation towards the repair cost of the hydraulic machine at Rs.92,50,771/-. The OPs.1 & 2 appointed a surveyor by name Mr.D.Raghotham, Insurance Surveyor and Loss Assessor to inspect and carry out the survey of the damages caused to the hydraulic machine. The surveyor had addressed letter dtd.26.11.2012 to the Complainant to furnish