JAYALAKSHMI MOTORS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.507/2007 on the file of District Forum, Guntur, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant is the owner of 2004 model Scorpio and insured the same with the opposite parties for the period from 13-12-2004 to 12-12-2005. While so, on 19-5-2005 the vehicle met with an accident and the complainant immediately informed to 2nd opposite party about the damages sustained and requested for appointment of a surveyor for assessing the damages. Accordingly the surveyor estimated the damages at Rs.2,55,166-47 ps and a job estimate was also given by M/s.Jayalakshmi Automotive, Guntur. After the second opposite party approved, the complainant affected repairs to a total extent of Rs.3,35,181. The complainant submitted the original bills along with police record and submitted that the opposite party agreed to reimburse Rs.2,55,167.47 ps. Thereafter the second opposite party agreed to pay only a sum of Rs.64,500/- and therefore, the complainant got issued a legal notice on 24-4-2006 for which no reply was issued. Hence the complaint for a direction to the opposite parties to pay Rs.2,55,166.47 ps. with interest at 12% p.a. from the date of accident till payment together with costs of Rs.10,000/-.

(3.) Second opposite party filed its version which was adopted by opposite party No.1 denying the allegations made in the complaint. Opposite party No.2 submitted that they made thorough enquiry and settled the claim at Rs.64,500/- basing on the report of the surveyor and other material available with them and the said fact was intimated to the complainant on 30-12-2005 and submitted that there is no deficiency in service on their part. Opposite party No.2 submitted that if the complainant is aggrieved by the settlement of claim, he ought to have approached civil court for redressal and they are not bound to accept the bills and invoices produced by the complainant. They submitted that the complainant effected repairs to the insured vehicle at M/s.Jayalakshmi Automobiles, Guntur which is the sister concern of the complainant and therefore they appointed a surveyor who inspected and assessed the loss at Rs.90,803.45 ps. and thereupon they appointed B.Chandrasekhar Reddy to reinspect and reassess the loss, who has submitted his re-inspection report on 10-8-2005. After considering the report submitted by the surveyor they settled the claim for Rs.64,500/- as against Rs.90,803.45 ps. and the said fact was intimated to the complainant on 30-12-2005 and forwarded the discharge voucher to be returned duly signed to release the amount. The complainant returned the voucher and wrote a letter dated 16-3-2006 requesting to clarify how the amount of Rs.64,500/- was arrived and also got issued a legal notice dated 24-4-2006 for which they replied on 08-5-2006 giving particulars of the claim amount settled and submitted that there is no deficiency in service and prayed for dismissal of the complaint with costs.