DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY Vs. R SOMASUNDARAM

JUDGEMENT

(1.) THE complainant's case is thus: The complainant is the owner of a car bearing Registration No. TMA 3004. The said car was insured with the opposite party. On 18.5.1996, the car met with an accident on the Coonoor Kotagiri Road. It was immediately reported to the opposite party on 20.5.1996 and it was also stated that the cost of repair would come to Rs.60,000/ -. The car was entrusted with M/s. Shanthi Auto Care, Coonoor for carrying out the necessary repairs. The opposite party deputed as Surveyor by name Mr. R. Kandavel who inspected the car and stated that he would send the report after verifying the cost of spare parts. On 1.6.1996 the complainant made a payment of Rs.36,000/ - to the workshop. When he made inquiries with the opposite party, the complainant was informed that the report of the Surveyor has not been received. Thus they were evading to settle the claim. On 30.10.1996, the opposite party informed the that they were in receipt of the Surveyor's report and they paid a sum of Rs.25,000/ - on 13.12.1996 to the complainant as against the bill of Rs.73,890/ -. The opposite party never bothered to settle the rest of the claim. Therefore, the complainant laid the complaint for a direction to the opposite party to pay the balance amount of Rs.48,897/ - with interest at 18% p. a. , to pay a sum of Rs.20,000/ - towards mental agony, pain and damages.

(2.) THE opposite party filed their objections stating as follows : The complainant himself arranged for the Surveyor and in order to expedite the matter the said Surveyor Mr. Kandavel who is an independent authority was deputed. The said Surveyor submitted his report only on 30.10.1996 though he surveyed the vehicle on 27.7.1996. The damage was assessed at Rs.30,400/ -. On completion of the work, a Surveyor by name Mr. Palaniswamy was sent to verify the work. As the claim was high and disproportionate to the Surveyor's assessment, the matter was placed before M/s. Rank Associates for valuation. They valued the work as per the schedule of Maruti Udyog Ltd. and the amount was arrived at Rs.31,026/ -. As the complainant was not amenable, the opposite party offered to pay the balance of Rs.6,026/ - in settlement. The opposite party was always ready and willing to settle the claim as per the Surveyor's report. Thus there has been no deficiency in service on the part of the opposite party.

(3.) THE lower Forum, by its order dated 28.12.1998 accepted the claim and directed the opposite party to pay a sum of Rs.48,897/ - with interest at 18% and a sum of Rs.20,000/ - towards compensation for mental agony and Rs.1,000/ - as costs.