GURDEV SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is under Sec.15 of the Consumer Protection Act, 1986 against the judgment and order dated 24.7.1992 passed by the District Forum, Dibrugarh in C. P. Case No.2 of 1992.

(2.) Briefly stated facts are as follows : -The complainant, who is the appellant herein, filed a petition before the District Forum. The complainant was the owner of the vehicle, namely, a bus bearing registration No. ASQ.8871 which was covered by a comprehensive Insurance Policy issued by the National Insurance Company, Respondent herein. The bus met with an accident on 13.2.91 at Tengrai Chariali. This fact was duly communicated to the Insurance Company with a request to depute a Surveyor. Thereafter, the complainant-appellant complied with all the formalities for preferring a claim for the damage caused to the bus in the accident alongwith a report from the Foreman, Assam State Transport Corporation, an Undertaking of the State of Assam. The Insurance Company also appointed one Mr. B. R. Goswami as Surveyor, who after examination assessed the damage which included replacement of parts and the amount assessed was fixed at Rs.68,958/-. It was alleged by the complainant that there was an agreement between the Surveyor and the complainant after which the Insurance Company sent an other Surveyor, namely, Shri Arun Hazarika, who after inspection, submitted another report stating that repairing was done perfectly and the salvage parts were found in order. But inspite of repeated requests, the Insurance Company did not settle the claim. A notice was served and thereafter the complaint petition was filed before the District Forum.

(3.) The Insurance Company in their written objection pleaded, inter-alia, that the petition was not maintainable and that there was no deficiency in service from the side of the Insurance Company. According to the Insurance Company, the complainant did not submit the estimate as per the report of the Surveyor and the vehicle was examined by the Forman of the Assam State Transport Corporation, which did not tally with the report submitted by Mr. Goswami. Therefore, the opposite party appointed another Surveyor, namely, Mr. K. K. Jain, who in his assessment report stated that the earlier report of Mr. Goswami was in the higher and accordingly assessed the liability of the Insurance Company at Rs.25,744/-.