CIRCUIT BENCH OF THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT MADURAI @ District Court Campus, Madurai - 20 Present : Hon’ble Thiru Justice R. SUBBIAH … PRESIDENT F.A. No.860/2025 (Against Order dt.23.10.2024 in C.C.No.124/2024 on the file of DCDRC, Thanjavur)

rd DATED THIS THE 23 DAY OF FEBRUARY, 2026

1. The Branch Manager, Cholamandalam M/s. General Insurance Co. Ltd., New No.2, Old No.234, Dare House, nd

2 Floor, N.S.C. Bose Road, Parrys, Chennai – 600 001.

2. The Branch Manager, Cholamandalam M/s. General Insurance Co. Ltd., st New No.2661, 1 Floor, Meena Agencies Upstairs, South Raja Street, Thanjavur District. ... Appellants/Opposite Parties.

Vs.

S. Jegathish, S/o. Selvaraj, South Street, Kattathi Unjiyaviduthi, Pattukottai Taluk, Thanjavur District. … Respondent/Complainant.

Counsel for Appellants/Opposite Parties : M/s. N. Shyllappa Kalyan.

Counsel for Respondent/Complainant : M/s. A. Pushpanathan.

The Respondent, as Complainant had filed a complaint before the District Commission against the opposite parties praying for certain directions. The District Commission had passed an exparte order and allowed the complaint. Against which, this appeal has been preferred praying to set aside the exparte order of the District Commission, Thanjavur dated 23.10.2024 in C.C.No.124/2024.

This appeal is coming before me for hearing finally, today. Upon hearing the arguments of both sides through video conferencing and upon perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

ORDER THIRU.R.SUBBIAH, PRESIDENT(Open court)

1. The opposite parties before the District Commission are the appellants herein.

2. The case of the complainant is that the complainant has insured his car Renault Kwit RXT, bearing Registration No. TN-49-DZ-4414 with

st

the 1 opposite party for the period from 05.07.2023 to 04.07.2024 vide

Policy No.3311/01039593/000/00. He has paid a sum of Rs.8,193/-

towards premium amount. On 17.01.2024, when the complainant along with one Santhosh and driver were travelling in the said car from Karambakudi to Idayankadu, at about 7 p.m., the front wheel on the right side of the car suddenly burst and as a result of which the car capsized and toppled upside down. In the said incident, the car was totally damaged. Hence, a complaint was lodged with Vattathikottai police and the police have also given a report after conducting enquiry. Thereafter, the st complainant has made a claim with the 1 opposite party vide Claim st No.3311307189, but it was rejected by the 1 opposite party on 11.03.2024. On 25.01.2024, the opposite parties’ authorized workshop, namely, Bannariyamman Auto Mobiles, Trichy has assessed the damages sustained by the vehicle and had given a report estimating the damages at Rs.4,30,000/-. Since the vehicle was purchased in the year 2023, the present value of the vehicle is Rs.6,00,000/-. Hence, the complainant is entitled to get the said amount from the opposite parties. Though the insurance policy was in force, the 1st opposite party has rejected the claim which would amount to deficiency in service. Hence, alleging deficiency in service, the complainant has filed the complaint to direct the opposite parties to pay the claim amount of Rs.6,00,000/- and to pay the cost to the complainant.

3. Though notice was served on the appellants/opposite parties, they remained absent before the District Commission. Hence, an exparte order was passed in favour of the respondent/complainant by holding that there is deficiency in service on the part of the opposite parties and thus directed them to pay a sum of Rs.4,30,000/- towards insurance claim along with interest at 9% from 11.03.2024 till realization and to pay a sum of Rs.2,00,000/- towards compensation for mental agony to the complainants. Aggrieved over the order impugned, the opposite parties had filed this appeal praying to set aside the order passed by the District Com