UNITED INDIA INSURANCE CO LTD Vs. SEEMA BHARGAV

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 18.9.2002 in Complaint Case No.156/2002 of the District Consumer Disputes Redressal Forum, Raipur (hereinafter called as 'district Forum' for short) whereby compensation of Rs.36,986/- with interest @ 9% per annum thereon, has been awarded.

(2.) Relevant facts now no longer in dispute are : that the complainant/respondent herein is the owner of Fiat Car bearing Registration No. MP-23-L-3938. It was comprehensively insured by the complainant/respondent with the appellant/insurer for the period from 15.12.2001 to 14.12.2002. It is also not in dispute that on 12.1.2002, the said car met with an accident on Nagpur-Wardha road and dashed against stone due to which its oil chamber got damaged.

(3.) According to complainant/respondent the said accident had occurred in mid-night. He brought the car to about a distance of 10 to 12 kms. away to Nagpur, whereafter it was brought back to Raipur by trochen, through G. R. Motors, the authorised dealer. Initially, estimate of Rs.6,924/- was given by the authorised dealer for repairs of the vehicle. However, actual expenditure in repairs was to the tune of Rs.32,098/-. The complainant intimated about the accident to the appellant/insurer on 16.1.2002. The Surveyor of the appellant estimated the expenses in repairs amounting to Rs.5,961/-, while the appellant allowed claim of Rs.4,400/- only, towards repairs. The complainant claimed in his complaint that compensation of Rs.36,986/- with interest, etc. be awarded.