ORIENTAL INSURANCE CO LTD Vs. D PADMANABHA KUMAR

JUDGEMENT

(1.) Respondent/complainant got his vehicle bearing registration No. KA 19-1163 insured with the petitioner for the period from 10.2.1998 to 9.2.1999. Vehicle was stolen on 28.10.1998. However, same was traced out by the police and was released by the Court in favour of respondent. Respondent alleged that he had incurred total amount of Rs. 66,975 towards repairs and replacement of missing parts of the vehicle. Surveyor appointed by the petitioner recommended payment only of Rs. 6,290. On non-settlement of claim for the amount spent, the respondent filed complaint which was contested by the petitioner. District Forum allowed the complaint with direction to the petitioner to pay said amount of Rs. 63,975 with interest, etc. to the respondent. Appeal against District Forum's order filed by the petitioner was dismissed by the State Commission.

(2.) Copy of Surveyor's report dated 29.10.1999 is at pp 33-40. Material portion of this report under the heading : "My comments on the above missing parts" is reproduced below :

(3.) Aforesaid amount recommended by Surveyor does not include the cost of missing parts.