RAMDURAI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The appellant/complainant insured his mini lorry bearing Registration No. TN51-Y-4937 with the respondent/opposite party Insurance Company. During the currency of the policy of insurance, the vehicle met with an accident on 28.1.1996 at 7 a. m. while the vehicle was proceeding to Dindigul in the N. H.45 Road, near Vaiyampatti and sustained severe damages.

(2.) On report of the accident to the respondent/opposite party Insurance Company, a qualified Surveyor had been appointed to have the inspection of the vehicle and submit his report. The qualified Surveyor so appointed inspected the vehicle and gave his report assessing and quantifying the damages at Rs.25,182/-. After the receipt of the report of the Surveyor, the respondent/opposite party Insurance Company was prepared to settle the claim for the said amount but the appellant/complainant was not amenable and he would claim an escalated amount by obtaining quotations from certain service stations. The respondent/opposite party Insurance Company was however not amenable to settle for such escalated amount.

(3.) As a matter of fact, no material had been placed on record by the respondent/complainant pointing out as to why the report as submitted by the Surveyor could not be accepted, on the facts and in the circumstances of the case.