NEW INDIA ASSURANCE COMPANY LIMITED Vs. TILAK RAJ

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 7.6.2005 passed by District Consumer Forum, Rewari in complaint No. 382/2004 whereby the appellant -opposite party has been directed to pay compensation to the complainant in respect of the damage of his insured scooter with the observations as under:

(2.) UNDISPUTED facts of the present case are that the complainant had got insured his LML scooter bearing registration No. H.R.36D -3481 with the appellant -opposite party for the period 28.10.2003 to 27.10.2004. On 10.2.2004 the above said scooter damaged in an accident. Upon having informed, Insurance Company appointed Shri Sanjay Rustogi as surveyor and Loss Assessor who assessed the damage of the vehicle at Rs.490 vide his report dated 18.2.2004. According to the complainant the chassis of the scooter was badly damaged and the surveyor had demanded Rs. 2,000 from him to settle claim but the same was not paid by him. On the complaint made by the complainant to the authorities of the Insurance Company, the surveyor was called upon vide letter dated 25.2.2004 to explain about the position and the complaint of the complainant was found baseless. The complainant was asked to submit the repair bills of the scooter which he did not submit and for that reason complainant's claim could not be settle. The complainant alleged it as deficiency in service against the opposite party and filed the instant complaint seeking replacement of his scooter and to pay compensation of Rs. 80,000 oh account of harassment and mental agony. The complaint upon having been contested by the opposite party in view on the grounds mentioned above, was accepted by the District Forum while relying upon the report of an independent surveyor namely Satya Pal, Mechanical Engineer whose report was obtained by the complainant, by granting relief as noticed in the opening para of this order.

(3.) AGGRIEVED against the order of the District Forum, the opposite party has come up in appeal.