SAHIB SINGH BACHHAL Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal has been filed against order dated 7.8.2002 passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum-II) in Complaint Case No.588 of 2000. The appellant/complainant Shri Sahib Singh Bachhal had insured a scooter bearing No. CH-3-4231 (Bajaj Spirit) with the O. P.-National Insurance Company Limited (for short hereinafter referred to as the Insurance Company) in the first week of November, 1999 and it was damaged in an accident on 19.11.1999. The main point urged by the appellant/complainant is that the Insurance Company ignored the report of their own Surveyor who assessed the loss at a sum of Rs.11,300/-. His repair bill of Rs.12,933.02p was submitted but instead O. P. settled his claim at Rs.9,715/-. The appellant/complainant has alleged this to be a deficiency in service on the part of respondent/o. P. Insurance Company and has prayed for a direction to pay him the balance and Rs.10,000/- as compensation for harassment and mental agony.

(2.) The respondent/o. P. has submitted, inter alia, that the Surveyor Shri Sher Singh assessed the loss to the tune of Rs.10,512.80p. However, Rs.802.50p were deducted due to non-submission of bills of this amount by the appellant/complainant and Rs.700.66p deducted due to difference in rate of items in bill submitted and rates assessed by the Surveyor and further a depreciation of Rs.169.58p was applied on the battery as this was omitted by the Surveyor in his report. The respondent/o. P. further submitted that after all permissible deductions an amount of Rs.8,840/- on account of damage to the scooter and labour charges of Rs.850/- were found payable and thus the appellant/complainant found entitled to Rs.9,715/- and the same was paid to him on 28.4.2000. Copy of the cheque and discharge voucher has been brought on record vide Annexure R-2.

(3.) In evidence, the complainant filed his own affidavit along with related documents. The O. P.-Insurance Company filed affidavit of one Shri Rakesh Mohan, Divisional Manager in evidence along with Annexures R-1 and R-2.