IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI Present: Hon’ble Thiru Justice R.SUBBIAH:PRESIDENT F.A. No. 754 of 2023 (Against the order dated 03.01.2023 passed in C.C.No.68 of 2019 by the DCDRC, Kanchpuram District @ Chengalpattu)

Tuesday, the 28^th day of October, 2025 The Branch Manager, M/s. United India Insurance Co. Ltd., Micro Office, Kalpakkam -280 181, No.162, E.C.R. Pudupattinam, Kalpakkam -603 102. ... Appellant /Opposite party Vs.

Mrs.Najimunisha, W/o Abdul Kareem, No.6/315-A, Pakkiraibai Thottam, Sadurangapattinam, Kalpakkam – 603 102. ... Respondent/Complainant For the Appellant/Opp. party : M/s. M.B.Gopalan Associates For the Respondent/Complainant: M/s. V.K.Sathiamurthy This appeal came up for final hearing, today

28.10.2025, and upon hearing the arguments of the counsel for the appellant and the Respondent and upon perusing the documents, material records and the order passed by the District Commission, and having stood over for consideration till this day, this Commission made the following order in the Open Court.

ORDER

THIRU.R.SUBBIAH, PRESIDENT (Open Court)

This appeal has been filed by the opposite party as against the order dated 03.01.2023 passed in C.C.No.68 of 2019 by the District Consumer Disputes Redressal Commission, Kanchpuram District @ Chengalpattu, allowing the complaint filed by the Respondent herein in part.

The appellant is the opposite party and the Respondent is the complainant before the District Commission. For the sake of convenience in the course of this order, the parties will be referred as per their respective rankings before the District Consumer Disputes Redressal Commission, Kanchpuram District @ Chengalpattu.

2. The case of the complainant before the District Commission is that, the complainant had purchased one Maxi-cab Sedan bearing Reg. No. TN-12-C-9168, with due permit for commercial operation of the above vehicle. The complainant is having valid package policy No.

2801813117P108029691 valid from 05.09.2017 to 04.09.2018. The vehicle was jointly managed by the complainant along with his husband for rentals thereby the complainant is eking her livelihood. The complainant’s husband is also having valid Driving License to drive the vehicle. While so, at about 15.30 hours on 01.12.2017, when the said vehicle was driven by her husband Mr.Abdul Kareem from Kalpakkam to Sabarimala, another vehicle Tata Safari bearing Reg.No.PY-01-AN-9897, which was driven by one Sivaram S/o Perumal, Lawspat, Puducherry, had collided with the vehicle bearing Reg.No.TN-12-C-9168, driven by her husband, after breaking the center median. In the said accident Mr.Abdul Kareem sustained grievous injuries and one Rathinakumar, who had travelled in the said vehicle in the front seat, had sustained fatal injuries. The complainant’s husband and other passengers were admitted in Mundiambakkam Government Hospital. The cause of accident was due to rash and negligent driving of Tata Safari bearing Reg.No.PY-01-AN-9897, by the said Sivaram S/o Perumal. Since the accident took place within the limits of Vikravandi Police Station, the police reached the Mundiambakkam Government Hospital and recorded statement of her husband and on the basis of oral information, the police had registered a case in FIR No.1169 dated 01.12.2017 at about 20.00 hours. The vehicle suffered major damages on the front side and as a result of which the body of the vehicle had sustained heavy damages. The vehicle was towed and left with TVR coach builders, Thanthonimalai, Karur, to rectify the damages. The vehicle is the only source of complainant’s livelihood. Since the complainant had taken insurance policy with the opposite party, she has made a claim with the opposite party for the damages caused to the vehicle. The opposite party inspected the vehicle and prepared a survey report in order to sanction the claim on cashless basis in terms of the Insurance Policy. Since the complainant has not breached any condition of th