RAJIV AND CO Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The complainant company owned a Swaraj Mazda Lorry bearing registration No. TAR 6885. It was insured with the opposite party for the period from 14.3.91 to 13.3.92. It met with an accident on 17.7.91 and the same was immediately brought to the notice of the opposite party and a claim was made. As the claim has not been settled, this complaint has been laid.

(3.) The opposite party contended that the surveyor appointed by the insurer conducted a survey and tried to settle the matter amicably. The Company on the basis of the report of the surveyor offered to the complainant to pay at Rs.1,80,000/- on total loss basis, but the insured was unwilling to accept the same. Though the insured's estimate of the vehicle is Rs.2,20,000/-, the surveyor fixed the market value only at Rs.1,80,000/- and it was offered. The insured's repair estimate at Rs.3,08,356.65 is not only high and exaggerated and is over and above the estimated value of Rs.2,20,000/-. The claim is untenable.