NEW INDIA ASSURANCE COMPANY LIMITED Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS order will govern disposal of Appeal Nos. 334/08 and 348/08 which have been arisen out of the same order dated 30.4.2008 passed by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the "District Forum" for short), in Complaint Case No. 63/07 whereby the complaint was allowed and the OP (appellant in Appeal No. 334/08 and respondent in Appeal No. 348/08) was directed to pay compensation of Rs. 9,68,500 along with interest @ 9% p.a. for not settling the claim within 6 months from the date of its submission. Interest was awarded from 7.12.2006 till date of order i.e. 30.4.2008 apart from that cost of Rs. 1,000 has also been awarded. It has been directed that this amount was payable within the period of a month, failing which interest @ 10% p.a. would also be payable.

(2.) IT is not in dispute that the complainant was the owner of the vehicle bearing Registration No. CG -08/1831 which was insured with respondent Insurance Company for period of 12.5.2006 to 11.5.2007 for comprehensive insurance Rs. 11,40,000 (Rs. eleven lacs and forty thousand only). The insured vehicle met with accident due to fire for which the complainant filed claim on 7.6.2006 with the Insurance Company for loss within the subsistence period of insurance i.e. 12.5.2006 to 11.5.2007. Having not received claim amount till 18.6.2007, the complainant preferred complaint.

(3.) OPPOSITE party resisted the complaint and averred that cause of fire to "Tendupatta leaves" loaded on vehicle was not mentioned in the claim form. That the estimate for loss was shown very high by the complainant. Number of Tendupatta leaves bags loaded on the vehicle was mentioned 292 in claim form whereas it was mentioned in other documents as 200 bags. Looking to diversity in facts and bona fides of claim the Insurance Company appointed Surveyor and also an Investigation Officer who observed that loaded Tendupatta leaves bags 292 exceeded the maximum permissible limit of 200 bags and as such permit from Forest Department was required which was not obtained as such claim was recommended as not payable to the Zonal Office, Bhopal of the company. The O.P. Insurance Company submitted copy of Surveyor Brijesh Kumar's report dated 1.10.2006 wherein loss due to fire accident to the vehicle was assessed on repair basis Rs. 12,74,899.50 which exceeded insured value of vehicle Rs. 11,40,000 only. The assessment on net of salvage loss basis as per Surveyor's report worked out to Rs. 8,33,500. Though the Surveyor's report copy was not certified nor any affidavit submitted but it was not disputed by the complainant. District Consumer Forum, Rajnandgaon's order dated 30.4.2008 was based on Surveyor's report allowing claim amount Rs. 9,68,500 with interest and cost.