JAGDISH CHAND HOODA Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) the complainant through this complaint has sought directions to the opposite party to pay Rs.7,33,995/- along with interest @ 18% p. a. towards insured amount as there was a total loss because of his vehicle having been stolen. The opposite party assessed the loss at Rs.5,68,500/- through its Surveyor which was not to the satisfaction of the complainant. Hence this complaint.

(2.) Facts in brief are that the complainant purchased car Lancer Mitsubishi make of 1998 model and insured the same with the opposite company against Policy No.6108226 w. e. f.16.10.1998 to 15.10.1999 for an estimated value of Rs.7,33,995/- by paying a premium of Rs.24,696/-. On 26.9.1999, the car was stolen and an FIR was lodged with Police Station. Defence Colony, New Delhi. Intimation about the theft of the car was sent to the opposite party on the same day and when the car in question could not be traced, the police filed the untraced report before the Magistrate. The complainant preferred the claim of the insured amount with the opposite party.

(3.) However, the opposite party appointed a surveyor who assessed the total loss at the market value of the vehicle at the relevant time which according to him was Rs.5,66,500/-. Though according to the respondent, the complainant initially agreed for this amount but later on declined to accept but according to the complainant, the so-called consent was a forged document as he never agreed to receive Rs.5,66,500/-.