NEW INDIA ASSURANCE CO LTD Vs. MURALIDHAR SARANGI

JUDGEMENT

(1.) THIS is an appeal against the order dated 9.4.1992 passed by the State Consumer Disputes Redressal Commission, Orissa at Cuttack in CD No. 102 of 1991. By the impugned order the State Commission has directed the present Appellant namely the National Insurance Co. Ltd. (for short Insurance Company to pay to the present Respondent Mr. Muralidhar Sarangi who was Complainant in the case, the amount assessed by the Surveyors in respect of both the vehicles insured with the Insurance Co. The Complainant was also allowed damages amounting to Rs. 5,000/- in respect of both the vehicles for delaying unjustifiably the settlement of the claims. It was further ordered that in case the amount as per the Surveyor's report was not paid within two months interest at the rate of 18% shall be payable after the stipulated time on the aforesaid amounts till payment. It was also ordered that after making the payment the Complainant may require the Insurer to appoint an Arbitrator to settle the quantum of loss and on that basis an Arbitrator would be appointed as per the terms of the policy to settle the dispute.

(2.) FEELING aggrieved of that order the Insurance Co. has filed the present appeal before this Commission.

(3.) THE State Commission took into consideration condition No. 1 of Section 1 of the policy the relevant portion of which is as follows: