DHARMENDRA GOEL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by way of special leave arises out of the following facts :

(3.) On 4th January, 2000, the appellant herein purchased a new Tata Sumo vehicle for a sum of Rs. 4,30,000/-. The vehicle was comprehensively insured on 19th January, 2000 with the Oriental Insurance Company (hereinafter referred to as the Company) on its purchase value of Rs. 4,30,000/- and a premium of Rs. 10,436/- was paid. This policy expired on 18th January, 2001 and on the very next day the said policy was renewed for a year by the company assessing the value of the vehicle at Rs.3,59,000/-. This policy expired on 18th January, 2002 but was again renewed on 13th February, 2002 up to 12th March, 2003 on a premium of Rs. 8498/- on the value assessed by the Company at Rs.3,54,000/-. The vehicle met with an accident on 10th September, 2002 on which the appellant informed the company as to what had transpired. The vehicle was removed to Chambal Motors, Kota, Rajasthan, an authorized service station of Tata Motors, for repair. Chambal Motors submitted an estimate of Rs.3,37,246.59/- for the repair of the vehicle. The appellant then submitted a claim for Rs. 3,37,246.59/- on 11th October, 2002 along with a bill of Rs.4,000/- for removing the vehicle to the workshop from the place of accident. The company, however, appointed a Surveyor, M. N. Chaturvedi Associates on 14th December, 2002 to assess the loss and to submit a report. The surveyor in his report determined a total loss of Rs. 1,80,000/- after assessing the value of the salvage at Rs.85,000/- whereas the assessment on cash loss basis was made at Rs.1,04,433.53/-. The company, however, declined to defray any amount to the appellant on the plea that the driver did not have a valid driving licence on the date of the accident. The appellant thereupon filed a complaint before the District Consumers Forum praying that the sum of Rs.3,37,246.59/-, the estimate given by Chambal Motors with some additional charges, be paid to the appellant. After the completion of the pleadings, the District Forum, by its order dated 19th January, 2004, dismissed the complaint on the ground that the question as to whether the driver of the vehicle had a valid driving licence on the date of the accident involved complicated questions of fact which could be decided only by a Civil Court. Aggrieved by this order the appellant filed an appeal before the M.P. State Consumer Disputes Redressal Commission, Bhopal. The Commission in its order dated 28th July, 2004 held that the driver did have a valid driving licence on the date of the accident and accordingly directed the Company to pay to the appellant a sum of Rs. 1,04,043/- with interest @ 6% p.a. from the date of the filing of the complaint till payment. Dissatisfied by the inadequate compensation awarded by the State Commission, the appellant preferred a revision petition before the National Consumer Disputes Redressal Commission, New Delhi (hereinafter called "the National Commission", claiming a sum of Rs. 3,54,000/- towards compensation. The National Commission, by its order dated 20th April, 2006 partly allowed the appeal and granted a compensation of Rs.1,80,000/- with interest @12% p.a. The claimant is before us in appeal in these circumstances.