NATIONAL INSURANCE COMPANY LIMITED Vs. MAHABIR PRASAD JAIN

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 11.9.2000 passed by District Consumer Forum-II, Agra in Complaint Case No.792/1995.

(2.) The facts of the case stated in brief are that the complainant is owner of scooter Bajaj Chetak No. UP-08c-5841. He got this scooter insured with the National Insurance Company Limited on 27.1.1993. The policy was valid for a period of one year i. e. from 27.1.1993 to 26.1.1994. The said scooter met with an accident on 25.7.1993 and was damaged. It was shown to the Engineer and then it was got repaired. Before the repair of the scooter, the information of accident was reported to the Insurance Company. The complainant filed a claim for Rs.7,137/- but after a long discussion the claim for Rs.750/- was passed by the Insurance Company. The complainant had paid a sum of Rs.7,137/- to the repairer. The complainant has claimed this amount along with interest at the rate of 18% per annum and Rs.300/- as cost.

(3.) The opposite party in its written version has alleged that by letter dated 26.7.1993 the complainant had informed about the accident of the scooter and it also informed that the same is standing in Sheel Auto for repair where it can be inspected. The scooter was inspected by Surveyor Sri V. K. Jain and the survey report was submitted on 4.10.1993. A loss of Rs.805/- was assessed by the Surveyor. The complainant asked for report of the Surveyor but no reply was sent. After the report of the Surveyor, the Insurance Company demanded papers by letter dated 8.10.1993. When the complainant did not complete the formalities a sum of Rs.750/- was sanctioned on account of the claim. The complainant was asked to take this amount but he did not accede to this request.