KAUR SINGH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS revision petition has been filed by the Petitioner/Complainant against the impugned order dated 2.12.2011 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 1487 of 2007 - National Insurance Co. Ltd. Vs. Kaur Singh by which, while allowing appeal, order of District Forum allowing compensation was modified and reduced. Brief facts of the case are that Complainant/Petitioner's vehicle Tata Sumo No. HR -20G/9953 insured by OP/Respondent was damaged in an accident on 8.7.2003 during the subsistence of Insurance Policy. Complainant informed to the Insurance Company and Insurance Company appointed Loss Assessors Surveyors, who conducted spot survey and thereafter, another Surveyor assessed loss to the tune of Rs. 4,800/ -. OP sent cheque of Rs. 4,800/ - to the complainant, but the same was received back, as the Complainant was not available at his address. Complainant had spent Rs. 80,000/ - on the repairs of his vehicle, whereas OP was willing to pay only Rs. 4,800/ -. Complainant alleging deficiency on the part of OP, filed complaint. OP resisted complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay a sum of Rs. 70,000/ -. Appeal filed by OP was allowed by learned State Commission vide impugned order and learned State Commission modified order of District Forum and directed OP/Respondent to pay a sum of Rs. 4,800/ - to the Complainant along with 6% p.a. interest against which, this revision petition has been filed.

(2.) HEARD learned Counsel for the parties at admission stage and perused record.

(3.) PERUSAL of record reveals that after intimation of accident on the same day, OP appointed Shri Prem Rattan Gupta & Company, Surveyors and Loss Assessors and Surveyors carried out spot inspection and inspected vehicle meticulously and observed minor damage in the vehicle, who took many photographs of the vehicle from different angles. Another Surveyor Shri Rajeev Gupta, Surveyor and Loss Assessor assessed loss to the vehicle by a detailed report based on spot inspection of earlier surveyor and opined that total loss to the vehicle was to the tune of Rs. 6,118/ - including labour and material charges and after deducing Rs. 1,000/ - on the count of excess clause, Insurance Company's liability was determined to the tune of Rs. 5,118/ -. It was further observed that insurer is to collect the salvage or Rs. 318/ -. It appears that OP after considering Surveyors report sent a cheque of Rs. 4800/ - to the complainant, which was not received by him.