CHAITANYA PRASAD Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS is complainants -appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 25.8.2009 passed by the District Forum, Dehradun, partly allowing the consumer complaint No. 94 of 2008 and directing the opposite party Insurance Company to pay to the complainants compensation of Rs. 3,70,000 together with interest @ 7% p.a. from the date of filing of the consumer complaint till payment. The complainants were directed to deliver the salvage of the vehicle to the Insurance Company within a period of 30 days from the date of the order and also to hand over the papers and key of the vehicle to the Insurance Company.

(2.) IN brief the facts of the case are that the complainants have got their bus inured with the opposite party -National insurance Company Limited for the period from 29.4.2007 to 28.4.2008forsumofRs. 5,40,000. Onl2.8.2007, when the insured vehicle was going from Pipalkoti to Badrinath, it met with an accident and was damaged. Intimation regarding the accident was given to the Insurance Company on 13.8.2007. Mr. R.R. Sharma, Surveyor and Loss Assessor inspected the vehicle. On 28.11.2007, the complainants got the salvage retrieved from the spot and in the process, incurred a sum of Rs. 30,000. The complainants submitted the estimate of Rs. 7,74,331 of Commercial Motors Pvt. Ltd., Rishikesh and of Rs. 1,98,000 of Abdul Gaffar Body Maker, Rishikesh to the Surveyor of the Insurance Company. The Insurance Company offered a sum of Rs. 4,44,000 to the complainants towards indemnification of their loss, which the complainants refused to accept. The complainants sent a notice to the Insurance Company, which was not replied by the Insurance Company, nor the claim was settled. Alleging deficiency in service on the part of the Insurance Company, the complainants filed a consumer complaint before the District Forum, Dehradun.

(3.) THE Insurance Company filed written statement and pleaded that the Surveyor has assessed the loss to the tune of Rs. 3,70,000 and the Insurance Company is ready to settle the claim on the said basis.