ORIENT INSURANCE COMPANY LIMITED Vs. RAWAT BROTHERS

JUDGEMENT

(1.) These appeals Civil appeal No. 795/2000 and Civil Appeal No. 836/2000, are preferred by the Oriental insurance Company Ltd. and New India assurance Co. Ltd, respectively, respectively, against the order of the national Consumer Disputes Re-dressal commission, New Delhi, dated 25-11- 1999. The learned Commission considered the estimate of damages given by two experts and the Commission thought that the mean figure should be the proper amount of damages to be awarded.

(2.) We are of the view that the commission should have gone-into the merits of the reports and arrived at a finding as to the exact quantum of damages. We are also of the view that the Commission ought not to have gone by the mean of the two estimates given, particularly when the difference between the estimates in the reports was not very close.

(3.) We, therefore, set aside the order of the National Commission and remand the matter back to it for decision on merits. We may also point out that pursuant to the interim order passed by this Court, necessary deposits has been made by the appellant and orders of withdrawal of the monies has also been passed. That order will stand pending disposal of the matter before the Commission. The Commission will permit evidence to be adduced by the parties, both oral and documentary, and then decide the matter. We request the commission, as far as possible, to dispose of the matter, within a period of six months.