ORIENTAL INSURANCE CO LTD Vs. ASHOK DIWAN

JUDGEMENT

(1.) -this appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 23.7.2001 in Complaint No.38/2000 by District Consumer Disputes Redressal Forum, Jagdalpur, Bastar, (hereinafter called the 'district Forum' for short) directing the appellant to pay a sum of Rs.37,000/- as compensation to the complainant/respondent.

(2.) Undisputedly the complainant is the owner of the vehicle Maruti 800 No. M. P.25-A-9696 which was comprehensively insured with the appellant/insurer for the period from 12.4.1999 to 11.4.2000. The said vehicle met with an accident on 26.7.1999 i. e. during the currency of policy. It is also not in dispute that appellant/insurer has already paid a sum of Rs.60,000/- to the complainant/appellant towards his claim under the policy.

(3.) The incident was reported by the complainant to the appellant upon which initially Surveyor Prakash Jain was appointed who assessed the value at Rs.1,37,000/- and the value of the salvage at Rs.62,000/-. It is also not in dispute that the complainant/respondent has sold salvage for a sum of Rs.50,000/-. The claim of the complainant was, however, repudiated by the appellant/insurer, and hence he filed the complaint claiming compensation.