ORIENTAL INSURANCE CO LTD Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS appeal is preferred by the Insurer against order dated 27.7.2011, passed by District Consumer Disputes Redressal Forum, Surguja Ambikapur (hereinafter called "District Forum" for short) in complaint case No.08/2011, directing the Insurer to pay Rs.1,88,714 to the complainant/Insured within a period of one month otherwise the amount would be pay -abb with interest @ 6% p.a. Apart from it the Insurer has further been directed to pay Rs.3,000 as compensation for mentally agony and Rs.1,000 as cost of litigation.

(2.) INDISPUTABLY , a bolero vehicle, of which the respondent was registered owner, having registration No.CG -15 B -4723 was insured by the appellant insurance company for the period between 29.6.2009 to 28.6.2010 and the said vehicle suffered road accident on 1.1.2010, while it was coming from Korba to Morga. In the said accident there were excessive damages, to the insured vehicle. Then intimation was given to the Insurance Company. Surveyor was appointed and after spot survey the vehicle was taken to the Star Automobiles Service Centre as per direction of the Surveyor. The Insurance Company paid Rs. 2,36,500 to the complainant against the damages, whereas case of the complainant before District Forum was that she was required to spend Rs.4,25,214 on repairs of the vehicle and the amount which was paid by the Insurer to her was accepted under protest. She filed complaint before the District Forum for seeking directions for payment of remaining amount of Rs.1,88,714 against the Insurance Company.

(3.) THE claim was resisted by the Insurance Company before the District Forum on the premise that licensed Surveyor and Loss Assessor has assessed the loss to the tune of Rs.2,62,543 and as per the bills submitted by the complainant it was coming .out to Rs.2,55,582. From this amount value of salvage Rs.19,000 was deducted and remaining amount was paid by the Insurer to the insured and thus it committed no deficiency in service, so the complaint is not maintainable.