Date:10/11/2007 URL: http://www.thehindu.com/2007/11/10/stories/2007111054640600.htm

Andhra Pradesh

Spot repair charges awarded Consumer Notes

Prabhakkar Sharma

VISAKHAPATNAM: The Visakhapatnam District Consumer Forum-I has directed an insurance company to pay the spot repair and towing charges to a consumer in addition to reimbursement of net loss.

According to the case record, Bijoy Singh Baid of Bijay Auto Services in the city insured his Tata 407 vehile with the New India Assurance Company Ltd., Siripuram branch. The vehicle met with an accident near Narsipatnam and was damaged heavily. It was agreed to be repaired at Vijayawada after preliminary survey by the insurance company. The consumer paid Rs. 1,12,360 for repairs and submitted his claim with all the necessary bills.

But the insurance company assessed the claim at only Rs.28,625 saying that some parts which were repaired were not reimbursable and that the body assessment was done on ‘repairs’ basis.

Final report

The consumer filed a complaint (56/2006) in the Forum against the Regional Manager and Divisional Manager of the insurance company at Dwarakanagar and also against its branch manager at Siripuram for payment of the entire amount with interest, compensation and hire charges along with costs.

The opposite parties (OP) admitted that the vehicle was insured with them but denied allegations and consequent claims. President of the forum Y. Dhilleswara Rao and members G. Viswanatha Reddy and D. Suseela, in their judgment last week observed that the final assessment survey report gave description of the damages and recommended the cabin and body repairs with the required materials and labour charges while assessing the net loss at Rs.28,150. They also noted that the surveyor had intimated that the insured replaced the body assay with new one though he had recommended closedbody on partial loss according to the accident impact and accident damage.

After examining evidence, the Forum stated that as was seen from the nature of accident, the impact could not be high that would totally damage the body. “It was an empty vehicle and there was no collision.

It simply had fallen roadside due to skid. It appears the complainant is entitled to spot repair/towing charges but not added to the net loss of Rs. 28,150. The complainant is entitled to Rs. 15,000 on that account,” it said.

In the result, the Forum allowed the complaint to the extent of awarding Rs. 15,000 in addition to Rs.28,150 and held that the complainant was not entitled to any other relief. Each party was asked to bear its own cost.