NIRMAL SINGH Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Petitioner by way of present revision has challenged order dated 27.4.2011, passed by State Consumer Disputes Redressal Commission, Raipur (for short, 'State Commission').

(2.) Brief facts are that petitioner/complainant being the owner of Truck No.C.G.17-H/8111, had insured the same with respondent/O.P. under Policy No.61602 for period from 22.06.2007 to 21.06.2008, having Insured value of Rs.7,00,000/-. Said vehicle met with an accident on 12.07.2007 resulting in its extensive damage due to collusion with another truck. Intimation about loss caused to the truck, was sent to the respondent, which appointed an Investigator/ Surveyor, who conducted spot survey of the site of accident. Intimation of accident was also given to the Police. Petitioner averred that claim form along with relevant documents was subsequently filed with respondent which entrusted M/s Sunil & Company for assessment of loss caused to the vehicle. Petitioner cooperated with the Surveyor in assessment of loss and also provided him relevant bills, who submitted his report to the respondent on 31.10.2007. Petitioner averred that he had suffered loss of Rs.5,79,137/-, whereas respondent without any proper reason assessed the loss as Rs.3,10,000/-only. It is further alleged by the petitioner that on 21.7.2008 he wrote a letter to the respondent and raised objection that the total loss in the vehicle is of Rs.5,79,137/-. Even thereafter, respondent has sanctioned Rs.3,10,000/- and in this way this amount was not accepted by the petitioner. Further, petitioner in his letter has clearly stated that since he has suffered heavy loss in the vehicle and financial also, therefore by keeping his rights reserved, he is accepting the said amount under protest. Since, respondent did not settle the complete amount of loss as per the bills submitted by him, it amounted to deficiency in service and unfair trade practices. Thus, petitioner prayed that respondent be directed to pay balance claim of Rs.2,79,137/- alongwith compensation of Rs.1,00,000/- for mental agony and costs of the proceedings.

(3.) Respondent, while resisting the complaint, averred that it had entrusted M/s Sunil & Company for assessment of loss caused to the vehicle, which after inspecting the vehicle on 01.08.2007, submitted its report. Said surveyor initially had assessed the estimated loss of Rs.4,50,000/- and finally assessed the loss as per actual bills. Respondent averred that Surveyor in its final report dated 31.10.2007 had assessed salvage value of Rs.7,500/-, which was subsequently reassessed for Rs.15,000/-. Further, as per final assessment of Surveyor, a discharge voucher for Rs.3,10,000/- was sent to the petitioner on 27.06.2008, who executed the same independently under full and final settlement of claim. Hence, respondent settled the claim for Rs.3,10,000/- and as such it had not committed any deficiency in service.