K L MALHOTRA Vs. ORIENTAL INSURANCE CO

JUDGEMENT

(1.) The matter has been called at second time. Nobody appears for the respondent. We, therefore, proceeded to hear the arguments of the petitioner who appeared in person.

(2.) Complainant is the petitioner before us. He is aggrieved by the order of the State Commission reducing the amount of compensation payable to him on account of the accident of his car which was comprehensively insured with the respondent-insurer. On a complaint filed by the complainant-petitioner, District Forum awarded him Rs. 34,519.27 against the insurer and Rs. 5,000/- against the respondent No. 2-opposite party No. 2 for delay in delivery of the car after repairs. State Commission while upholding the award of Rs. 5,000/- against the second respondent, reduced the amount of compensation that was awarded against insurer to Rs. 19,268/-.

(3.) Petitioner owned a Maruti Van which was insured with the respondent-insurer for the period from 8.5.1990 to 7.5.1991. It was involved in an accident on 9.2.1991. On the insurer being intimated, a Surveyor was appointed to survey the damaged vehicle who assessed damage at Rs. 20,868/-. Vehicle was given for repairs to the second respondent who admittedly is the authorised agent of the manufacturer of Maruti vehicles for sales and service of Maruti vehicles.