NEW INDIA ASSURANCE CO. LTD. Vs. PRADEEP MOHAPATRA

JUDGEMENT

(1.) THIS revision is preferred by the Divisional Manager, New India Assurance Company Limited, Bhubaneswar wherein the revision petitioner, who was opposite party before the District Forum, Khurda at Bhubaneswar in C.D. Case No. 86 of 2003 filed by the complainant - Pradeep Mohapatra, has assailed the order of the District Forum dated 2.11.2005.

(2.) IN the District Forum, a petition was filed by the learned Counsel for the complainant disputing the assessment of damage to the accident involved vehicle of the complainant, which was assessed at Rs. 28,000, and the complainant claimed in the said petition that the damage to the vehicle would be to the tune of Rs. 3,00,000 and it was submitted before the District Forum by the complainant that the vehicle should be examined by the M.V.I., to assess the damage.

(3.) AS we find, such a petition was filed during pendency of the said consumer complaint in the year 2005, whereas the accident took place in the year 2001 in the month of June. From the impugned order, we also come to find that as per the complainant, the accident involved damaged vehicle is still lying in the garage waiting repair. The opposite party -revision petitioner alleged before the District Forum that since the accident occurred on 3.6.2001 and prayer for examination of the said accident involved vehicle by M.V.I. was being made in 2005, almost after five years of the accident, the examination by M.V.I. would not help the cause of the complainant in any way. The District Forum after hearing both the sides directed for M.V.I. examination of the vehicle in presence of the representative of the Insurance Company.