SANTOKH SINGH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is the complainant's appeal filed against order dated 6.10.2003 passed by District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) in Complaint Case No.295 of 2002. The O. Ps. arrayed in the complaint were Oriental Insurance Company Limited through its Senior Divisional Manager, Divisional Office, SCO No.99-100, Sector 17-B, Chandigarh and the Branch Manager, Oriental Insurance Company Limited, Branch Office, SCO No.45, Sector 20-C, Chandigarh.

(2.) The appellant purchased a second hand Maruti Zen Car Model 1995 having registration No. HR-34/0057 on 6.9.1999 from M/s. K. B. Concrette Fab. The car was fully insured with the respondent-Oriental Insurance Company Limited (for short hereinafter referred to as the Insurance Company) against comprehensive risk vide Cover Note No.493653 dated 23.3.1999 for the assured sum of Rs.1,60,000/-. The insurance was valid for the period from 25.3.1999 to 24.3.2000, the said car met with an accident on 21.9.1999 when the appellant along with his daughter were coming back from Amritsar. The accident took place at Dalewala crossing on the G. T. Road, near Goraya in the State of Punjab. It is alleged that a cyclist came in front of the car and on applying brakes, the car skidded and causing injuries to the appellant and his daughter.

(3.) The appellant intimated to the Branch Manager of the Insurance Company about the accident and damaged caused to the car. The car was handed over to the repairers M/s. Barua Duco Spray Painting Works, SCF-20-21, Sector 28-C, Chandigarh for necessary repairs. Prior to that, car was surveyed by the Surveyor deputed by the Insurance Company. The loss sustained as a result of accident was registered with the Insurance Company as Claim No.313/2000. The company had deputed Capt. Gurdial Singh (Retd.) as Surveyor and Loss Assessor who finalised the loss at a sum of Rs.44,243/- and the consent of the appellant for the said amount was obtained. The Surveyor had checked the registration book of the car and also the driving licence of the appellant. The report was submitted by the Surveyor recommending the loss to the tune of Rs.44,243/-. The police report was also lodged in respect of the accident with the police station, Goraya, District Jalandhar on 29.9.1999 and its copy was also sent to the Branch Manager of the Insurance Company/respondent No.2. Due to the difficulty in getting genuine spare parts for replacing in the damaged car and also due to the financial constraints, there was delay in getting the car repaired. The Insurance Company asked the complainant vide letter dated 20.2.2000 to furnish the registration book of the said accidented car duly transferred in his name, which was furnished by the appellant/complainant.