NAV BHARAT Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This Appeal has been filed by the Appellant feeling aggrieved against the order passed by the Rajasthan State Consumer Dispute Redressal Commission. The Appellant is a partnership firm which in the business of hiring out excavators. They had insured one of the excavators with the Respondent and on one of excavators suffering damages they lodged a claim with Insurance Company. the Insurance Company tried to settle the claim for Rs. 65,446.50 provided it is accepted by the Appellant as full and final settlement. The Appellant did not accept that amount as full and final settlement and In fact issued a receipt under protest. The Complainant/Appellant had claimed a sum of Rs. 1,23,498.63 for the replacement of the parts and another Rs. 30,000.00 for repairing charges together with interest upto 14.2.93 from 10.5.91 which was the date on which the excavator met an accident. The State Commission went into the question of compensation and has meticulously dealt with the claims raised and allowed, after taking into consideration the labour charges etc. a sum of Rs. 96,937.50 to get he with interest @ 15% from 1.7.92 to 31.12.92 on account of delay in settlement of the claim.

(2.) The State Commission also allowed to the Complainant interest @ 12% on the amount of Rs. 31,491.00 being difference between the claim amount of the Complainant allowed by the State Commission and the amount for which the insurance company has sent discharge certificate to the Complainant till the date of payment. We are not going into the question of whether the Complainant/Appellant is a consumer as this plea has not ben pressed before us. On perusal of the order, we find that the entire has claim has been duly considered by the State Commission and after taking into consideration all the facts, the State Commission has given a determination of the claim payable to the Appellant and there is no scope for us to interfere with the amount of determination under clause (b) of Sec. 21 of the Consumer Protection Act. In view of this, appeal is without any merit and is dismissed.