VIR SINGH MALIK Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/complainant against the order dated 17.07.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 1519/2010 Oriental Ins. Co. Ltd. Vs. Dr. Vir Singh Malik by which, while allowing appeal, order of District Forum allowing complaint was modified.

(2.) Brief facts of the case are that complainant/petitioner got his car insured with OP/respondent for a period of one year commencing from 31.8.2001 to 30.8.2002 for Rs.5,50,000/-. On 3.2.2002, car met with an accident and car was taken for repairs to the authorized service station of the Company, who submitted estimate of repairs of about Rs.6,25,000/-. Surveyor appointed by OP assessed damage to the vehicle to the extent of Rs.2,40,000/- net of salvage on the basis that market price of the vehicle on the date of loss was between Rs.3,90,000/- to 4,00,000/- and maximum salvage value of the damaged vehicle was Rs.1,60,000/-. Complainant not satisfied with the report of the surveyor, filed complaint before District Forum. OP resisted complaint and submitted that settlement may be made as per surveyor's report and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.5,50,000/- along with 9% p.a. interest along with 9% p.a. interest and further awarded Rs.20,000/- for mental agony and Rs. 5,000/- as litigation expenses. Appeal filed by the respondent was partly allowed by learned State Commission vide impugned order modifying order of District Forum and directed respondent to pay Rs.4,00,000/- including salvage value of Rs.1,60,000/- and rest of the order was affirmed against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties and perused record.