NATIONAL INSURANCE COMPANY LIMITED Vs. SANJAY SEMWAL

JUDGEMENT

(1.) THIS is an appeal against the Insurance Company against the order dated 11.10.2004 passed by the District Forum, Rudraprayag whereby the complaint of the complainant was allowed for recovery of Rs. 70,000/ - and compensation and cost of litigation of Rs. 1,000/ - as well as compound interest @ 8%.

(2.) THE brief facts of the case are that the complainant Sh. Sanjay Samwal was the owner of jeep. It was insured with the appellant. During the insurance period on 22.6.2003 it suffered accident. The matter was reported to the Insurance Company. The Surveyor came and directed the complainant to get the vehicle repaired in Krishna Motors, Dalawala, Rishkesh and promised to pay the entire amount of repairs. The complainant spent Rs. 70,000/ - in repairs and claimed it from the Insurance Company. When the Insurance Company did not pay, he filed the complaint.

(3.) THE Insurance Company filed written statement and admitted that the complainant was the owner of the vehicle. It further admitted in para 3 of the complaint that the vehicle met with an accident on 22.6.2003. However it is denied that the Surveyor asked the complainant to get the vehicle repaired. The plea of the Insurance Company was that the driver of the vehicle has got no valid driving licence, therefore, the claim was liable to be rejected. The complainant has got the repairs done according to his own wishes and has shown excessive expenses. The Insurance Company has appointed Surveyor Sh. R.K. Saraswat who has surveyed the vehicle after accident and he has given the report that the complainant may be paid a sum of Rs. 51,977.63.