NAWAB BHAI Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 28 -9 -2002 passed by M.P. State Consumer Disputes Redressal Commission in Appeal No. 1169/2001, the complainant has preferred this Revision Petition.

(2.) Learned counsel for the petitioner, rightly pointed out that there is apparent error in calculating the loss suffered by the complainant. He has also submitted that there was no justifiable ground in not awarding interest fro the date of accident, i.e., 22 -3 -2000 and that in such cases it was .the duty; of the State Commission to award adequate compensation for the deficiency in service by the insurance company by keeping in view Section -14(1)(d) and(i) of the Consumer Protection Ace.

(3.) It is the case of the complainant that he had insured his truck for the period 12 -1 -1999 to 11 -1 -2000 for a sum of Rs. 3,50,000/ - Thereafter, the insurance amount was revised for the next year and, hence, the insurance coverage was taken for a sum of Rs. 3,30,000/ - for the period from 12 -1 -2000 to 11 -1 -20001 During that period, i.e. on 22 -3 -2000 the truck met with an accident, After receipt of the information, the insurance company appointed Shir S.K. sur, B.E. Mech as a Surveyor and the Loss Assessor, He gave an exhaustive survey report on 23 -6 -2000 which is produced on record, He fixed the market value of the said truck on the date of accident at Rs. 2,75,000/ - and assessed the loss on that basis. The surveyor has also written a letter to the said effect to the insurance Company and has given details as to how he has assessed the loss. In the letter it is mentioned that the insured was demanding reimbursement for a sum of Rs. 3,30,000/ - excluding salvage, However, the insured was convicted by him to accept Rs. 2,75,000/ - after lot of discussion. For this purpose also the surveyor has given reasons in his letter dated 13 -10 -2000.