SHAKUNTLA SAINI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THE short submission made in this appeal filed against the impugned judgment and order dated 29.9.2004 passed by the District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 349 of 2002 are two -fold.

(2.) IN the first place, it has been contended that the District Forum committed an error n awarding a sum of Rs. 24,000/ - as against the insured estimated value of Rs. 34,000/ - regarding the vehicle i.e., Kinetic Honda bearing Registration No. HC03 -C -4080 and in the next place, it has been submitted that the District Forum went wrong in denying the reimbursement of the parking charges of Rs. 1,800/ - for keeping the salvage of the vehicle aforesaid and also in awarding a lesser sum of Rs. 2,000/ - instead of Rs. 3,000/ - as claimed on account of costs of litigation.

(3.) NOW coming to the first submission, Mr. Anuj Raura, Advocate contended that it was a case of claiming compensation on total loss basis in respect of the insured vehicle Kinetic Honda. The New India Assurance Company (for short hereinafter to be referred as Insurance Company) relied on the report of its Surveyor and loss assessor namely Sh. Pankaj Bajaj dated 25.7.2002 (Annexure O -3) wherein the Surveyor recommended that the market value of the vehicle in question was Rs. 24,000/ - and it being lesser than the insured estimated value of Rs. 34,000/ - and that the claim should be decided on the said basis. There is no dispute about the terms and condition that lays down that the Insurance Company can settle the claim either on insured estimated value for the insured vehicle or its market value, which ever is lesser.