UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAMAVTAR AGRAWAL

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986") has been filed by the appellant against the order dated 29.12.2001 passed by the learned District Forum, Jaipur -I, Jaipur in Case No. 192/99 by which the complaint filed by the complainant -respondent under Section 12 of the Act of 1986 was partly allowed in the manner that the appellant was directed to pay to the complainant respondent a sum of Rs. 1,75,000 along with interest @ 12% p.a. with effect from 1.7.1998 till realization and Rs. 2000 as cost of litigation and mental agony.

(2.) IT may be stated here that the vehicle No. DL -1 P -305 was not insured by the complainant -respondent with the appellant -Insurance Company for Rs. 4 lacs for the period from 25.11.1997 to 24.11.1998 and on 13.3.1998, the said vehicle met with accident on the National Highway No. 8 near Railway crossing, as a result of which it was damaged. Therefore, for the damages caused to the vehicle in question, the complainant -respondent preferred a claim before the appellant and upon this, the appellant appointed Surveyor Shri A.K. Sanghi, who submitted his report on 27.4.1998 in which he gave the following opinion:

(3.) DISSATISFIED with the report of the Surveyor A.K. Sanghi dated 27.4.1998, the appellant Insurance Company appointed another Surveyor Er. Swadesh Kumar Dhamija and Associate, who submitted the report on 31.3.1999 in which amount of loss was assessed on repair basis to the tune of Rs. 91,813.00 and following opinion was given: