Judgements

Q.A. Varada Design vs The Branch Manager, Oriental … on 9 August, 2001

National Consumer Disputes Redressal
Q.A. Varada Design vs The Branch Manager, Oriental … on 9 August, 2001


ORDER

J.K. Mehra, J., Member

1. This is a Revision Petition filed by the Petitioner against the order passed by the State Consumer disputes Redressal Commission, Chennai, Tamil Nadu dismissing the appeal against the order passed by the District Forum, Chennai (North). The Appellant has felt aggrieved from the orders of Courts below.

2. The brief facts of the case are that the Petitioner was riding his Hero Honda Motor Cycle bearing No. TSG-7479 when an accident took place against a lorry bearing no. TN-01D-6769 at the junction of EVR Pariyar Road and EVK Sampath Road on 22.11.94. As a consequence of such accident, he sustained multiple compound fracture apart from certain damages to his motor cycle. The claim for injuries to him person was settled by the Insurance Company, Respondent under third party claims. It may be noticed that the motor cycle was duly registered by the Petitioner with his own insurer and there was no privity of contract between the Respondent Insurance Company and the Petitioner regarding the Motor-Cycle. The Courts below have rightly held that he cannot claim any compensation for the damages to his own vehicle and for that he should lodge a claim with his own insurance company. Nothing has been brought on record to show to us that the view taken by the Court below is per-verse of lacking any jurisdiction. We have noted that the Respondent Co. Had agreed to bear the cost of repair/parts as set out their letter of September 17, 1997. We expect them to honour the same. We, however, do not find it a fit case to exercise our jurisdiction under clause (b) of Section 21 of the Consumer Protection Act. Revision Petition is dismissed subject to our observations regarding Respondent’s letter of September 17, 1997 herein above.