MANAGER, NEW INDIA ASSURANCE CO Vs. HEMANT ANANT

JUDGEMENT

(1.) THIS appeal takes an exception to an order dated 27.3.2000, passed in consumer complaint No.32/1999, Hemant Anil Khanvilkar v. Branch Manager, New India Assurance Co. Ltd. and another, passed by District Consumer Disputes Redressal Forum, Sindhudurg ( forum in short).

(2.) THE forum upholding the case of deficiency in service on the part of Insurance Company and further holding that the claim sanctioned and paid is an inadequate amount was pleased to grant relief directing the appellant/opponent to pay compensation of Rs.91,076 along with interest @ 14% p.a. from 19.7.1999. Besides this, compensation of Rs.5,000 towards mental torture and Rs.5,000 as costs were also awarded. Feeling aggrieved thereby, opponent No.1 Branch Manager, New India Assurance Co. Ltd. preferred this appeal.

(3.) AT the time of hearing of the appeal, respondent though served and given intimation of the date fixed for hearing, preferred to remain absent. Under the circumstances, we heard the learned counsel appearing for the appellant. Insurance claim relates to the accident of the vehicle bearing no.MH -7 -2513. Said accident occurred on 14.5.1997. It appears that insurance claim was settled for Rs. 83,924 and even the said amount was paid to and accepted by the respondent/original complainant. Subsequently, the complainant submitted that said compensation awarded is inadequate and therefore, filed the consumer complaint.