NATIONAL INSURANCE CO. LTD Vs. KATRAGADDA SANKARA RAO

JUDGEMENT

(1.) Katragadda Sankara Rao, the complainant obtained 'goods carrying commercial vehicle policy' covering Tata Heavy Goods Vehicle for Rs.18 lakh for the period covering from 21.6.2007 to 20.6.2008 with hypothecation of ICICI Bank. On 11.5.2008, the said vehicle while it was plying from Chennai to Rajamundary with a load of craft papers and while on its way near Tetali, lost control and hit against a cement pillar and a stationary vehicle. On the same day, the National Insurance Company Limited, the insurer, appointed a surveyor, Mr. K. K. Kumar to conduct a spot survey. The 'power tiller' was shifted to different sheds at Vijayawada for repairs. The complainant obtained estimate for Rs.14,15,114/- for the power and Rs.1,63,600/- for the trailer, the total being Rs.16,08,714/-, which according to the opposite party is 89% more than the cost of the vehicle. Thereafter, the opposite party appointed another surveyor who assessed the loss.

(2.) A complaint was lodged by the complainant stating that the surveyor had demanded bribe from him and the Surveyor left for USA without completing the job. The next Surveyor inspected the vehicle and assessed the damage at Rs.8,48,354/-. The case of the opposite party/petitioner is that the amount assessed by the Surveyor on repairs basis and later demanded for settlement of the claim on total loss and the opposite party/petitioner said to have informed him that it will be possible only when the loss assessed is more than 75% of the IDV. The complainant did not carry out the repairs nor submitted the bills. Request was made to him through various letters but it did not ring the bell.

(3.) The complainant ultimately sent reply dated 2.3.2009 and requested for the settlement of the claim on cash loss basis. The Surveyor assessed the loss on Cash Loss Basis for Rs.5,51,915/-. The intimation was sent to the complainant but it evoked no response.