28.03.2024:

ORDER

BY MR. K.B SANGANNANAVAR, JUDICIAL MEMBER

01.    This is an Appeal filed by the complainant in C.C. No.128/2017 at the file of District Consumer Disputes Redressal Forum, Bagalkot, aggrieved by the order dated: 24.01.2020.

02.    The parties to this Appeal will be referred to as their rank assigned to them by the commission below.

03.   The complainant/Appellant raised consumer complaint before the District Forum to direct the opposite parties to pay cost of the vehicle at Rs.8,00,000/- with interest, Rs.5,00,000/- towards medical expenses and permanent disability, Rs.1,00,000/- towards deficiency in service and Rs.1,00,000/- towards loss of earnings and Rs.5,000/- towards litigation cost.

04.   The brief facts of the case of the complainant would be, he is the owner of TATA Bolt Car bearing registration No. KA-29/N-1261 which was insured with the Ops for the period from 04.05.2015 to 03.05.2016.  On 16.03.2016 at about 11.20 PM the insured vehicle met with an accident at Kerur-Gaddankeri Cross Road, Near land of Laxman Yallappa Dandin, and in the said accident vehicle was completely damaged which was intimated to the Ops on the same day.  The surveyor of the insurer visited the spot and conducted survey of the damaged vehicle.  Complainant has stated that, in the said accident he also sustained grievous injuries on his chest and all over body.  He had lodged a complaint with Kerur Police in CR No.52/2016 and the police concerned submitted a charge-sheet on the file of JMFC, Badami.  Since the Ops have repudiated his claim has raised consumer complaint before the District Forum and the Ops having been participated in the proceedings submitted that, complainant has not sustained injuries and his case is false.  Further contended that, at the time of accident the driver was not holding valid driving license and he was holding only LMV(NT).  The District Forum hold an enquiry by receiving affidavit evidence and documents, proceed to dismiss the complaint with no order as to costs.  It is this order is assailed in this Appeal contending that, the District Forum committed grave error in appreciating the materials placed on record.  The impugned order is liable to be set aside.

05.   The Commission heard Learned Counsels, perused the impugned order and the Appeal papers.  The Commission also heard on the contention of delay application and now the point that arise for our consideration of this Commission would be:

“Whether the grounds set out in the Appeal Memo does call for any interference of this Commission?”

06.   It is not in dispute that, complainant is the owner of TATA Bolt Car bearing registration No. KA-29/N-1261 which was insured with the Ops for the period commencing from 04.05.2015 to 30.05.2016.  It is also not in dispute that, the vehicle was met with an accident at Kerur-Gaddankeri Cross Road, Near land of Laxman Yallappa Dandin, on 16.03.2016 at about 11.20 PM and this date of accident fall well within the period of insurance.  It is found from the enquiry complainant lodged complaint b