P SHIVAJI SHETTY Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) APPELLANT was the complainant before the State Commission, where he had filed a complaint alleging deficiency in service on the part of the respondents.

(2.) UNDISPUTEDLY the facts of the case are that the appellant/complainant had obtained an insurance cover amounting to Rs 1,97,000 for his Premier car NE -118 for the relevant period. Premium was paid; policy was issued. The car met with an accident on 17.9.1990. The matter was reported to the police as also to the respondent Insurance Company. A Surveyor was appointed, who recommended the settlement of claim at Rs. 1,80,000 on total loss basis. The cost of the salvage was valued at Rs. 40,000 to Rs. 50,000. On this basis, the claim of the appellant was settled at Rs. 1,80,000 on 18.2.1991. The salvage was taken by the respondent and disposed of. Not satisfied with the amount of settlement, a complaint was filed before the State Commission asking for Rs. 87,737 under following heads:

(3.) KEEPING in view the facts and circumstances of the case, we are of the view that since the appellant is a senior citizen and it is difficult for him to come from Bangalore, we go on to decide this case on merits after perusal of the material on record.