ORIENTAL INSURANCE COMPANY LTD Vs. RAMESH SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 26.4.2004 passed by the District Forum, Shimla in complaint No. 1070/99, whereby complaint was allowed in the following terms :

(2.) VEHICLE being insured on the date of accident with the respondent is not in dispute. As such facts in that behalf are not being repeated as these have been dealt with in the impugned order. Accident took place on 14.5.1998. After spot survey respondent claims to have taken the bus to Manimajra/Chandigarh for getting it repaired. For repairs according to him, the appellant spent Rs. 3,27,487. He approached the appellant for payment of this amount. According to the appellant, Surveyor assessed the damage at Rs. 1,47,586 and, finally, he was paid Rs. 1,09,218.

(3.) NOW , the dispute starts as the appellant alleges that the payment in the sum of Rs. 1,09,218 was in full and final settlement of his claim. In addition to this, it was also urged that the bus was overloaded inasmuch as that against sitting capacity of 44, there were 65 passengers travelling in the bus at the time of its accident. Therefore, on both these counts this appeal was liable to be allowed by setting aside the impugned order. Both these pleas have been contested and resisted by Mr. Verma, learned Counsel for the respondent. Per him the circumstances wherein appellant was compelled to accept the amount in question have been detailed in the complaint. Per him further it is clearly established that the receipt of payment copy whereof is annexed on the file as Annexure A -20, is not executed by his client of his free will and volition. Perusal of Annexure A -20 clearly establishes beyond any shadow of doubt that the signatures were taken on this blank receipt. This is besides the stand of the respondent in his complaint. We are further of the view that the respondent was in no win situation, and thus he had to accept the amount because of compelling reasons and also threat given to him by the Divisional Manager that if he does not accept this amount, he will not get a single penny.