HITENDRA SHAMRA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THESE two appeals one by the complainant, insured (First Appeal No. 46/ 1995) and the other by the Supreme Court, the insurer (First Appeal No. 211/1995) are against the same order dated 15.12.1994 of the Madhya Pradesh State Consumer Disputes Redressal Commission. Both are aggrieved by that order.

(2.) COMPLAINANT owned a truck which he got insured with the insurer. Insurance policy was valid from 3.1.1991 to 2.1.1992. The truck met with an accident on 28.9.1991. Complainant said it was a total loss and wanted the whole amount under the policy. However, the insurer was of the view that it was not a case of total loss and had appointed one Mr. Pradeep as Surveyor who gave his report on 5.10.1991. The Surveyor opined that it was not a case of total loss. In spite of request made by the insurer, complainant did not gave estimate of the repairs with the result insurer declined to process the claim and filed the same as no claim. According to insured it was the duty of the complainant to give complete details to justify the insurance claim. But since he committed breach of terms of the insurance policy and did not furnish the estimate he was not entitled to any claim under the policy. This led the complainant to file a complaint before the State Commission. The verification to the complaint shows that it was filed on 25.1.1994. The complainant claimed the following reliefs : (a) Expenses to bring the damaged vehicle to Shrivapuri 10,000.00 (b) Insurance amount 2,70,000.00 (c) Interest at the rate of 18 per cent till the date of payment from the rate of compound interest calculated quarterly as per rule of the Bank...for two years only, 1,87,888.00 (d) Business loss

(3.) SECOND Surveyor had been appointed in pursuance of the order of the State Commission. This Surveyor is also appointed under Section 64UM of the Insurance Act and is to be given due weight unless contradicted by evidence. It has not been so in the present case and we find no ground not to act on the report of the second Surveyor Mr. Bhargava.