SOBHA Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THE order passed in OP 418/2002 on the file of the CDRF, Kollam whereby and whereunder that Forum directed the opposite party/insurer to pay to the complainant Rs. 33,000 "recommended by the Surveyor" together with interest @ 9% per annum from the date of order "as replacement amount of the vehicle after receiving documents produced before the Forum" is assailed before us by the complainant who has come up in appeal. The lower Forum declined to award cost to the complainant.

(2.) THE facts not in dispute are that the auto -rickshaw which was stolen on the night of 2.11.2001 was insured with the opposite party/National Insurance Company and Ext. P5 is the certificate of insurance. The auto -rickshaw was insured for the period from 15.5.2001 to 14.5.2002 for Rs. 50,000. The liability of the Insurance Company is not in dispute (Insurance Company has not chosen to file any appeal against the order passed by the lower Forum). The complainant is not satisfied with the order passed by the lower Forum.

(3.) THE learned Counsel for the appellant contended before us that the auto -rickshaw which was stolen on the night of 2.11.2001 was originally insured in the year of purchase for Rs. 1,00,000 (Rs. one lakh) and in that year no claim was made under the policy. In the second year the auto -rickshaw was insured for Rs. 90,000 and in that year also no claim was made and bonus was given. In the 3rd year the auto -rickshaw was insured for Rs. 50,000 under Ext. P5 policy. Though in the complaint the claim made is that she (complainant) is entitled to the value of the auto -rickshaw as Rs. 1 lakh, the learned Counsel submitted before us that the complainant is only entitled to the amount covered by Ext. P5 policy and she also submitted before us that the lower Forum was not justified in awarding Rs. 33,000 under the policy relying on the Surveyor's report which was not produced before it.