RAMESH KUMAR JAIN Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) SINCE both these appeals arise from the same order dated 8.4.2003 in Complaint No.439/2002 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short) directing the insurer appellant (of appeal No.1100/03) to pay to the complainant (respondent in Appeal No.1100/03) compensation of Rs.2,50,000/ - with interest at the rate of 9% p. a. as also cost of the complaint. For the sake of convenience parties shall be referred to as the complainant and opposite parties.

(2.) UNDISPUTEDLY the complainant is the owner of goods vehicle bearing registration No. CG -17 -H 0109. The said vehicle was purchased for Rs.5,00,000/ - under finance from B. K. G. Bank, Narayanpur. The vehicle was comprehensively insured with the opposite party Oriental Insurance Company covering the risk for the period from 1.11.2001 to 31.10.2002. It is also not in dispute that the said vehicle met with an accident on 12.3.2002 near village Kallemulle and got extensively damaged. The complainant intimated the opposite parties insurer about the accident in writing. A Surveyor was appointed by the insurer opposite parties. The Surveyor C. M. Sharma, appointed by the Insurance Company conducted survey and submitted his report dated 8.4.2002. Subsequently, another Surveyor Pukhraj Jain, appointed by the Insurance Company also conducted survey and submitted his survey report dated 7.8.2002.

(3.) IT was averred in the complaint that Surveyor C. M. Sharma assessed the damage at Rs.4,41,000/ - on total loss basis. Salvage value was assessed as Rs.2,50,000/ -, and thus net payment of Rs.1,91,000/ - was offered by the opposite parties to the complainant. It was further averred in para 7 of the complaint that the complainant agreed to keep the salvage in the hope that the balance amount of Rs.1,91,000/ - would be paid by the insurer to him within a reasonable time of about a month. However, the Insurance Company was un -cooperative and adopted negative attitude and did not make the payment of Rs.1,91,000/ - which was assessed by Surveyor C. M. Sharma. It was alleged in para 9 of the complaint that the complainant approached the insurer to take possession of the salvage and pay him Rs.4,41,000/ - but his request was not heeded to by the insurer.