M LINGAN Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition is filed against the order of the State Consumer Disputes Redressal Commission, Tamil Nadu, whereby the State Commission set aside the order of the District Forum and allowed the appeal of the Insurance Company. The facts in brief which lead the complainant to approach the District Forum are as under :

(2.) The complainant got his Premier Sedan 138-D diesel luxury car insured with the opposite party Insurance Company for Rs. 3,30,000/- and paid the premium of Rs. 7,133/-. The car met with an accident on 17.3.1996. The Surveyor appointed by the Insurance Company assessed the loss at Rs. 1,13,018/-. The claim of the complainant before the District Forum was that the claim should be settled on total loss basis and claimed on that basis a sum of Rs. 2,13,410/- along with a sum of Rs.1,00,000/- for compensation was prayed for. But the lnsurance Company, basing on Clause 3 of the policy, offered to settle the claim on repair basis.

(3.) The District Forum upon hearing both the parties and adverting to the material placed on record, came to the conclusion that the claim had to be settled on total loss basis after giving due allowance towards depreciation in the sum of Rs. 2,625/- from the original value of the car, i.e. Rs. 3,30,000/- i.e. Rs. 3,27,375/- with interest at the rate of 18% from 30.4.1998 till the date of payment. The District Forum disallowed the sum of Rs. 1,00,000/- on account of mental agony and pain. Costs of Rs. 2,000/- were also awarded.