IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R. SUBBIAH : PRESIDENT F.A. No. 447 of 2022 [Against the order passed in C.C. No.335 of 2018 dated 18.07.2022 on the file of the D.C.D.R.C., Chennai (North)].

Friday, the 31^st day of January 2025 Tmt. S. Vijaya W/o. Sadasivam Kollapatti Animur Post Tiruchengode Namakkal District. .. Appellant/

Complainant - Vs –

1. The Branch Manager United India Insurance Co. Ltd., Branch Office

146, N Kumar Complex Tiruchengode.

2. United India Insurance Co. Ltd.

Rep. by its Divisional Manager Coimbatore.

3. United India Insurance Co. Ltd.

Rep. by its Chairman and Managing Director

24, Whites Road Chennai- 600 014. .. Respondents/

Opposite parties Counsel for Appellant/Complainant : M/s. M. Palani Counsel for the Respondents/

Opposite Parties : M/s. Nageswaran & Narichania This appeal came up for final hearing on 22.07.2024 and, on hearing the arguments of the counsel for the appellant and the learned counsel for the respondents and on perusing the material records, this Commission made the following

O R D E R

R.SUBBIAH J., PRESIDENT This appeal has been filed by the complainant under Section 41 of the Consumer Protection Act, 2019, as against the order dated 18.07.2022 in C.C.No.335 of 2018 passed by the District Consumer Disputes Redressal Commission, Chennai (North), dismissing the complaint.

2. The factual background culminating in this appeal is as follows: The complainant had taken a vehicle insurance with the opposite parties, under policy No.170901/31/10/ 01/00005/35 dated 29.08.2010 in respect of her stage carriage bus bearing Registration No.TN 34 L 2891 for the period covering from

29.08.2010 to 28.08.2011. Whileso, on 20.12.2010, when the bus was running between Erode and Salem, after picking up the passengers at Tiruchengode, while the driver of the bus was proceeding towards Salem near Ariyanur, a tourist vehicle bearing registration No. KL 9N 5015 carrying Ayyappa Devotees came on the opposite direction in a rash and negligent manner and on seeing the said vehicle, the driver of the complainant’s bus tried to slow down his vehicle in order to avoid any collusion. But the tourist vehicle came very fast and hit against the complainant’s bus, due to which the complainant’s vehicle got damaged in extensor and some of the passengers in the vehicle also got injured. The accident happened at 7.30 a.m and there were about 36 passengers in the bus. The distance between Thiruchengode and Ariyanur is 35 kms and the driver had taken 50 minutes to travel such distance, which would go to show that the bus was operated in a moderate speed following all the traffic rules and regulations. After the accident, the vehicle was taken to the police station, where a complaint was lodged. The vehicle was inspected by the Motor Vehicle Inspector and the incident was informed to the 1^st opposite party, with whom the vehicle is insured. The 1^st opposite party deputed his Surveyor to inspect the vehicle. Then, the vehicle was taken to M/s.T.V.

Sundaram Iyengar & Sons Ltd., for repairing the chassis and the under parts. Before attending the repairs in the vehicle, M/s.T.V. Sundaram Iyengar & Sons Ltd. had given the information to the 1^st opposite party. Hence, again a surveyor was sent for inspection by the 1^st opposite party, who made a spot visit and advised the company to proceed with the repair works. As per his advice, the company submitted an estimate towards the cost of repairs on 20.12.2010 to the 1^st opposite party. Based on the estimated cost of the company, the complainant submitted a claim form before the 1^st opposite party on 21.12.2010. After completing the repair works, T.V.Sundaram Iyengar & Sons Ltd., sent a bill on 25.12.2010 for a sum of Rs.44,376/- towards the final repair charges of the chassis and under parts of the vehicle. Thereafter the vehicle was taken to Maruthi Coach Builders Pvt Ltd., Karur for carrying out repair of body damages caused t