ORIENTAL INSURANCE CO LTD Vs. PUKHRAJ BOTHRA

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 5.6.2003 in Complaint No.271/02 by District Consumer Disputes Redressal Forum, Jagdalpur (hereinafter called the 'district Forum' for short) directing the appellant/insurer to pay to the complainant/respondent a sum of Rs.93,000/- being balance of cost of repairs of the vehicle of the complainant/respondent.

(2.) Undisputably, complainant's Maruti Esteem Car No. CG-05/2100 was comprehensively insured by the appellant for the period from 3.4.2001 to 2.4.2002. the said vehicle met with an accident on 10.1.2002 while going from Raipur to Jagdalpur. On receiving intimation of the accident, appellant insurer appointed Surveyor C. N. Sharma who in his report dated 11.3.2002 assessed the loss at Rs.89,464/- and also stated that the salvage value was Rs.2,000/-. It is also not in dispute that appellant insurer after consideration of the Surveyor's report, paid a sum of Rs.87,000/- to the complainant on 28.3.2002.

(3.) The complainant/respondent did not feel satisfied with the amount of compensation and claimed that he had to incur actual expenses of Rs.1,80,000/- towards repairs of the damaged vehicle. The complainant, therefore, requested the appellant/insurer by his letter dated 1.4.2002 to pay the said amount to him. The request as above was however, declined by the appellant/insurer. Hence the complaint before the District Forum.