MARIAM SHIBU MATHEW Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) The petitioner was the registered owner of a Mahindra Scorpio SLX vehicle bearing Registration No.KL-24-5913, which was insured with the first respondent herein for the period from 5/4/2016 to 4/4/2017. A reference to Ext.P1 policy would show that the Insured's Declared Value of the vehicle was fixed as Rs.4,49,000.00 (Rupees four lakhs forty nine thousand only).

(2.) On 22/5/2016, the petitioner states that the vehicle referred above, caught fire and was totally damaged. The said vehicle was taken to the authorised service center for the purpose of repairs. Quotation was provided by the service center at Ext.P2. As per Ext.P2 quotation, the service center fixed the charges for repairing the car at Rs.8,07,268.00 (Rupees eight lakhs seven thousand two hundred and sixty eight only), which is almost double the Insured's Declared Value as per Ext.P1.

(3.) The Insurance Company-the first respondent sought a report from the surveyor. There were two reports provided by the surveyor. The first report dtd. 7/7/2016 shows an amount of Rs.2,18,719.00 (Rupees two lakhs eighteen thousand seven hundred and nineteen only) towards the materials portion and an amount of Rs.50,000.00 (Rupees fifty thousand only) towards the labour charges. After considering the depreciation as against the above, the value was fixed at Rs.1,25,216.00 (Rupees one lakh twenty five thousand two hundred and sixteen only). The second report dtd. 8/7/2016, produced as Ext.P3 in the writ petition, had shown a total amount of Rs.4,45,805.00 (Rupees four lakhs forty five thousand eight hundred and five only) for carrying out the repairs. However, the said report also speaks about depreciation against glass, metal, rubber parts and paints assessed as Rs.1,79,500.36 Rupees one lakh seventy nine thousand five hundred and thirty six paise only) and the balance of Rs.2,59,671.00 (Rupees two lakhs fifty nine thousand six hundred and seventy one only) was alone payable to the petitioner.