MALIKT MEMRATH Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Briefly the facts are that the complainant got insured his Contessa Classic car bearing No. DNU 3983 with the opposite party for a total sum of Rs.2,05,000/- w. e. f.2.1.91 till 1.1.92. The car was purchased by him in the year 1989. It met with serious accident near Sarhand (Punjab) on 8.4.91 and was very badly damaged. The complainant brought it to Delhi, sent it to the workshop of M/s. Allied Motors, 60, Najafgarh Road, New Delhi for preparing an estimate and lodged the report of the accident with the opposite party.

(2.) Allied Motors submitted an estimate vide letter dated 18.4.91 for more than Rs.1,15,000/- A copy of the estimate was submitted by them on 18.4.91 to the opposite party. It was mentioned in a note given in the estimate that the car was beyond economical repairs. This fact 'was specifically brought to the notice of the opposite party by the complainant vide his letter dated 10.5.91.

(3.) It is further pleaded by the complainant that he has been using taxi since the date of accident, which is costing him Rs.300/- per day, and that he was entitled to be reimbursed the expense incurred by him. He has consequently, claimed a sum of Rs.2,05,000/- on account of the insurance amount and Rs.24,400/- as taxi charges till 7.4.91. He has further claimed damages for mental torture, pain etc.