ORIENTAL INSURANCE COMPANY LTD Vs. MOHINDER PAL

JUDGEMENT

(1.) The matter in this revision petition arises from insurance claim of a motor vehicle which has met with an accident soon after its purchase. The estimate for repair was given as Rs.7,50,775/- but, the actual bill of repair had come to Rs.6,15,774/-. The surveyor appointed by the insurance company had estimated the loss at Rs.5,24,937/-. But, the net amount recommended to be paid to the Complainant was Rs.4,09,495/- only. The District Forum allowed the actual cost of repair i.e. Rs.6,15,774/- with compensation of Rs.20,000/-. The State Commission has completely endorsed the view taken by the District Forum.

(2.) The revision petitioner/Oriental Insurance Company has filed this revision petition against concurrent orders of the two fora mentioned above. We have perused the records and heard two sides. Ms. Neerja Sachdeva, Advocate, has been heard on behalf of the Insurance Company and Ms. Pratima N. Chauhan, Advocate on behalf of Respondent No.1/Complainant. Respondent No.2/M/s Samta Motors Pvt. Ltd. has remained unrepresented.

(3.) The main contention in the revision petition is that the deduction has been made by the petitioner as per the recommendation of the surveyor. Therefore, settlement of the claim with deductions recommended by the surveyor is perfectly fair on the part of the petitioner and does not amount to deficiency of service. Thus, the only question involved in the dispute was about the justifiability of the deductions recommended by the surveyor. The District Forum has observed the vehicle was purchased by the Complainant merely two months and eleven days before it met with the accident. It was on this ground that the actual cost of repair was allowed.