THE ORIENTAL INSURANCE CO. LTD. Vs. BISWAJIT BANIK

JUDGEMENT

(1.) This application is directed against the order dated December 29, 2009 passed by the State Consumer Disputes Redressal Commission, West Bengal in State Consumer Case No. FA/336 of 2009 arising out of an order dated July 24, 2009 passed by the District Consumer Redressal Forum, Uttar Dinajpur in Consumer Case No. 27 of 2008.

(2.) The short fact of the case is that the respondent is the owner of the vehicle bearing No. WB 59 -7957. There was a head on collision between the vehicle of the respondent and another vehicle being numbered AP -05 V6199 at Chepani Choupathi on N.H.31 in Samuktala, under P.S. Jalpaiguri on May 20, 2007, and as a result of the accident, the vehicle of the respondent was damaged. The vehicle was taken to the Siliguri Motor body Builders for repairing after the vehicle was released from the police station pursuant to the order passed by the learned Additional Chief Judicial Magistrate on May 30, 2007.

(3.) Thereafter, the petitioner appointed one surveyor to survey the loss to the vehicle and the surveyor submitted his report on November 26, 2007. The surveyor recommended loss to the vehicle for Rs. 1,71,715/ - after deduction of the depreciation value in terms of the schedule of the policy.