VIJAY RAJ Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THIS revision petition challenges the order dated 01.08.2007 and that dated 05.09.2007 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in First Appeals no. 181 and 647 of 2007 and an application filed by the New India Assurance Co. Ltd. (hereafter, 'the insurance company') seeking clarification of the order dated 01.08.2007 passed in FA no. 181 of 2007.

(2.) THE dispute was essentially in respect of the insurance claim of a motor car owned and insured by one Dr. Vijaya Raj for Rs.5,49,282/ - as the Insured's Declared Value (IDV) for the period 25.03.2005 to 24.03.2006. The car met with an accident on 18.10.2005 which was intimated to the insurance company. The surveyor appointed by the insurance company submitted the report. On consideration of the report, the insurance company offered settlement of the claim at Rs.5,49,282/ - , i.e., IDV of the vehicle. This was accepted by the complainant on 21.12.2005. However, for various reasons the claim was not paid which led to filing of a consumer complaint by Dr. Vijay Raj through his power of attorney holder Mr. K. R. Keshavamurthy before the District Consumer Disputes Redressal Forum, Mandya (in short, 'the District Forum').

(3.) ON consideration of the pleadings and evidence brought on record by the parties, the District Forum partly allowed the complaint and directed the insurance company (opposite party 1 - OP 1) to pay to the complainant Rs.6,25,782/ - and take back the damaged car from the show -room concerned by paying the ground rent and intimation charge within one month from the date of the order, subject to the complainant surrendering the RC book, insurance policy and original keys of the car and certificate of closure of the car loan. Failing this, OP 1 was directed to pay interest @ 9% per annum on Rs.5,49,000/ - and also cost of Rs.5,000/ - to the complainant.