RAJ KUMAR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition has been filed against the order dated 15.11.2006 passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench, Jaipur ("State Commission" for short) by which the State Commission allowed the appeal of the OP Insurance Company, respondent herein, and set aside the order of the District Forum passed on 9.8.2004.

(2.) The petitioner/complainant got his truck insured with the OP Insurance Company and the policy was effective from 9.11.1996 to 8.11.1997. On 17.9.1997, the truck was damaged in an accident for which FIR was filed with the local police station and intimation of damage was also given to the OP Insurance Company To assess the loss, a survey was got done by the Insurance Company According to the complainant, he spent Rs. 2,81,663 for repairing the truck and the bills/receipts in this regard were submitted to the branch office of the Insurance Company However, the Insurance Co. made a part payment of Rs. 1,41,417 on 19.5.1998 and the remaining amount was not paid and hence a complaint was lodged with the District Forum. The case of the Insurance Company is that during the survey which was done to assess the loss/damage to the vehicle, the loss was assessed at Rs. 1,41,417 as per the Surveyor's report and hence this amount was paid by the Insurance Company to the complainant in full and final settlement of his claim. It is submitted that the amount was received by the complainant voluntarily towards full and final settlement after giving valid discharge voucher and hence the request for payment of Rs. 1,40,246 was denied as not payable. Similarly, the Insurance Company also denied any deficiency in service and pleaded for dismissal of the complaint. After examining the documents and hearing the parties, the District Forum allowed the complaint and directed the OP Company to pay the balance of the insurance claim of Rs. 1,27,414 along with interest @ 9% p.a. from 19.5.1998 till the date of payment along cost of litigation of Rs. 500. The appeal filed by the OP Insurance Company against this order was allowed by the State Commission and the order of the District Forum was set aside.

(3.) We have heard Counsel for the parties and perused the record. The State Commission while unsuiting the claim of the petitioner, has recorded the following reasons: