NATIONAL INSURANCE COMPANY Vs. RAFTAR PARIVAHAN SAHKARI SAMITI

JUDGEMENT

(1.) BOTH these appeals, under Section 15 of the Consumer Protection Act, 1986 are directed against the order dated 3.2.1999 in Complaint No. 289/1997 by the District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the District Forum for short); hence they are being disposed of by this common order.

(2.) THE complainant (appellant in appeal No. 52/2003) is a registered Co -op. Society and is the owner of Tata truck bearing registration No. MP26C -2944. It was comprehensively insured with the O.P./appellant of appeal No. 58/2003. It is not in dispute that the truck met with an accident on 27.12.1996 and was damaged during the subsistence of the policy. The complainant reported the matter to the Police on 27.12.1996 and also intimated the Insurance Company about it on 28.12.1996.

(3.) ACCORDING to the complainant, the insurer appointed Surveyor Gambhir who visited the spot on 28.12.1996. Thereafter Surveyor Anil Verma was appointed by the Insurance Company who also assessed the damage on 14.1.1997. Further averments in the complaint were that the Insurer failed to settle the claim, and after long correspondence by the complainant he was ultimately intimated by Insurer s letter dated 19.6.1997, that an amount of Rs. 33,722/ - was payable to the complainant. The complainant was not satisfied with the amount offered by the Insurer. According to the complainant, loss incurred by him was to the extent of Rs. 4,09,941/ -. It was also alleged by the complainant that Surveyor Anil Verma who had assessed the loss in fact demanded bribe from him for properly assessing the actual damage, which the complainant refused to pay. Therefore, the said Surveyor under -assessed the loss.