ORIENTAL INSURANCE COMPANY LIMITED Vs. VIJAI LAXMI

JUDGEMENT

(1.) Mr. Hari Prasad Srivastava, learned Counsel for the appellant and Mr. R. K. Gupta, learned Counsel for the opposite party/complainant have been heard. The entire record has been perused. Admittedly the vehicle Bus No. DEP-4824 was damaged and required repairs. The complainant claimed that he is entitled to get the entire cost but the District Forum has found that totalling the Annexures 11, 12, 13, 14, 15, 16, 21 and 22 and keeping the labour charges in view, a total sum of Rs.55,000/- should be paid by the appellant.

(2.) Aggrieved the instant appeal has been preferred.

(3.) Mr. R. K. Gupta contended strongly that the orders should not be interfered with. Mr. H. P. Srivastava, however, relied upon the report submitted by the Surveyor and he also drew attention to the fact that the said vehicle was 1982 model, therefore, even from the cost held payable by the District Forum 50% discount should be available. According to him a total amount of Rs.21,265/- is payable. Mr. Gupta contended that deduction is not permissible in the case of damages and repairs.