SABYASACHI PRADHAN Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THERE is no dispute that the complainant's excavator met with an accident on 07.04.1998 during the subsistence of the, insurance policy. It was insured for Rupees 13,50,000/ -. The surveyor appointed by the opposite party - Insurance company assessed the loss at rupees 3,62,404.02. After deducting Rupees 20,000/ - towards salvage cost, a sum of Rupees 3,42,389/ - was paid to the complainant on 24.02.1999. Contending that the acceptance of the said amount was not voluntary and he had to accept it due to the compelling circumstances, the complaint was filed on 30.04.1999.

(2.) THE complaint was not filed belatedly. We are inclined to accept the plea of the complainant that he received the amount of Rupees 3,42,389/ - with objection though not openly.

(3.) THE complainant has submitted statement of bills for claim at Rupees 6,83,649.79 paise. He has not enclosed any bill in support of each of the claim. Therefore, we are not inclined to accept his bald claim that he spent Rupees 6,83,649.79 paise towards purchase of accessories/parts.