BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No.843 OF 2022 AGAINST ORDERS IN C.C.60/2019 DISTRICT CONSUMER COMMISSION, NALGONDA Between:

1. The Manager, ICICI Lombard General Insurance Co., Ltd., 2nd Floor, Shop No.1,2,3,4,5,6,7,18,19,20, Lumbini Jewel Mall, Road No.2, Banjarahills, Hyderabad.

2. The Manager, ICICI Lombard General Insurance Co., Ltd., Nalgonda Branch, Sree Rama Commercial Complex, H.No.5-4-60, R.P.Road, Nalgonda, Through, Legal Manager, ICICI Lombard General Insurance Co., Ltd., Lumbini Jewel Mall, Banjarahills, Hyderabad. ………..Appellants/Opposite Parties No.1 & 2 And:

1. Utkuri Kranthi Kumar, S/o Yakub, R/o H.No.2-134, Ambaripet Village, Shaligowraram Mandal, Nalgonda District.

……..Respondent No.1/Complainant

2. The Manager, Malik Motors, Ashok Leyland, Bowenpally, Secunderabad.

…..Respondent No.2/Opposite party No.3 Counsel for the Appellants/Opposite Parties No.1 & 2 :

M/s.S.Sravan Kumar Counsel for the Respondent No.1/Complainant : M/s. S.Madhu Mohan For the Respondent No.2/Opposite Party No.3 : Called absent.

QUORAM:

HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT HON’BLE SMT. R.S. RAJESHREE, MEMBER – (NJ)

WEDNESDAY, THE 11^th DAY OF FEBRUARY TWO THOUSAND TWENTY SIX *******

Order: PER HON’BLE SMT. JUSTICE DR.G.RADHA RANI, PRESIDENT

1. This appeal is filed by the opposite parties No.1 & 2, aggrieved by the order of District Consumer Disputes Redressal Commission, Nalgonda, in CC 60/2019, dated 26.08.2022 in allowing the complaint in part directing the opposite parties No.1 to 3 jointly and severally to pay an amount of Rs.1,40,000/- as damages for the vehicle on non-standard basis of 40% on the total estimation only and costs of Rs.5,000/- on the condition that the complainant submits copy of the original registration certificate to the opposite parties No.1 & 2.

2. The parties are herein referred as arrayed before the District Commission, as complainant and opposite parties.

3. The case of the complainant in brief was that he purchased a goods auto of Ashok Leyland with Temporary Registration No. TS08ALTR1620 and the said vehicle was insured with the opposite parties No.1 & 2 vide policy No. 3003/AL-12539985/00/000 and it was valid from 24.02.2018 to 23.02.2019. The said auto met with an accident on 14.11.2018 near Kattangur Village and Mandal, Nalgonda District and as a result of the said accident, the goods auto was completely damaged. The Police Kattangur conducted Panchanama on 14.11.2018. After the accident, the goods auto was shifted to opposite party No.3 i.e. Mallik Motors, Ashok Leyland, Bowenpally, Secunderabad in order to get the auto repaired. The said vehicle was in the Showroom from 15.11.2018 and they have estimated the cost of repairs as Rs.3,50,000/-. The opposite party No.3 informed opposite parties No.1 & 2 about the accident in the month of July, 2019. The opposite party No.3 handed-over the repudiation letter dated 09.02.2019 addressed to the complainant repudiating the claim on the ground of “non- registration of the vehicle”. The complainant got issued legal notice to the opposite parties No.1 & 2 to pay an amount of Rs.3,50,000/- towards costs of the repairs and Rs.2,00,000/- towards damages for non-settlement of the claim within reasonable time for keeping the vehicle in the opposite party No.3 showroom for all the days. The said notices were received by the opposite party No.1 & 2, but they failed to give any reply or settled the claim. Vexed with the negligent attitude of the opposite parties No.1 & 2, the complainant filed the complaint.

4. The opposite parties No.1 & 2 filed written version contending that the complainant failed to implead the financier as necessary party to the case. The complainant was not entitled to claim any damages against them as alleged vehicle met with an accident was under temporary registration as on the date of alleged accident. Temporary registration was valid only from 26.02.2018 to 27.03.2018, but the accident to the said