RAJNI DEVI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Smt. Rajni Devi, the complainant, had purchased on Opel Astra Car (RJ 20 C 7137) for Rs.7,84,941/- from P. L. Motors, Jaipur on 6.7.1998. The said vehicle stood insured with the O. P.-Insurance Company for Rs.7,85,000/- for the period from 6.7.1999 to 5.7.2000. During the period of the currency of the insurance policy, the said vehicle met with an accident on 21.4.2000 and was substantially damaged. The complainant removed the damaged vehicle to the Workshop of P. L. Motors at Jaipur, allegedly as per instructions of the O. Ps. and lodged her claim with them for payment of the assured sum on total loss basis. The O. Ps. appointed Swadesh Kumar Dhameja and Associates, Jaipur, Surveyors and Loss Assessor, to estimate and assess the loss to the damaged vehicle who assessed the same at Rs.4,50,000/- on total loss basis and salvage at Rs.1,65,000/- and advised the O. Ps. to settle the claim at Rs.2,85,000/-. That amount was, however, not acceptable to the complainant. Hence the complaint claiming Rs.7,85,000/-, the assured sum, Rs.26,000/- as compensation for mental agony, and Rs.2,000/- as towing charges with interest @ 24% p. a. , besides cost of litigation.

(2.) The case putforth by the O. Ps. is that the estimation of the damage caused to the insured vehicle at Rs.4,50,000/- by the Surveyor and Loss Assessor was quite just and reasonable and since they had offered the same, (subject to deduction of the estimated value of salvage) to the complainant, the O. Ps. did not render deficient services to her. Dismissal of complaint with cost at Rs.10,000/- was prayed for.

(3.) The learned Counsel for the complainant urged that since the estimated insured value of the damaged car was at Rs.7,85,000/- and it had got damaged beyond repairs, the complainant was entitled to get Rs.7,06,500/-, after allowing depreciation @ 10% on total loss basis. In this behalf reliance was placed on the decision of the Hon'ble National Commission in the case of National Insurance Co. Ltd. V/s. Ani Lamba, 2003 1 CPJ 229.