UNITED INDIA INSURANCE COMPANY LIMITED Vs. MUKESH SHARMA

JUDGEMENT

(1.) THE facts of the case are that an Indica Car No. DL4C U4191 belonging to Sh. Ram Niwas Sharma deceased whose LRs are the present respondent was insured with the OP Company for an insurance amount of Rs. 2,56,700 from 21.7.2006 to 20.7.2007. On 31.3.2007, the car met with an accident and was towed to 'Him Motors' an authorized workshop of Tata Motors for repairs, the workshop gave an estimate of Rs. 3,14,000 for the repairs. The complainant lodged a claim for the insured sum of Rs. 2,56,700 before the OP Company on 18.4.2007. The OP Company appointed Shri Sanjay Jain as the Surveyor, who inspected the vehicle and, after six months, as alleged, he gave a report that the car cannot be repaired and the complainant be reimbursed the insured sum; which the OP did not pay. The complainant, therefore, filed a complaint before the District Consumer Forum with the prayer that the OP be directed to pay him the claimed insured sum Rs. 2,56,700, Rs. 30,000 towards expenses and Rs. 100 per day for hiring of a vehicle for himself and Rs. 50,000 as compensation.

(2.) THE OP filed the written version and opposed the claim denying any deficiency in service on its part. The respondent alleged that they had asked the complainant to complete the formalities and produce the documents related to claim. The respondent had asked the complainant to produce his vehicle before Shri M.K. Jain vide letter dated 16.10.2007 for re -inspection which the complainant never did and the documents relied in the complaint do not disclose any cause of action. It denied that M/s. Him Motors declared the damaged vehicle as a total loss case. It alleged that delay in settlement of claim is due to concealment of facts by the complainant and non completion of legal formalities.

(3.) THE District Consumer Forum, on consideration of evidence of the parties, held that the estimate for repairs of M/s. Him Motors, authorized workshop of the manufacturer, is more than Rs. 3.14 lakh and thus the repair cost is much more than the insured value of the vehicle and decreed the claim of the complainant for the Insured sum Rs. 2,56,700, compensation of Rs. 15,000 and litigation costs Rs. 5,000.