PAVANKUMAR NANDKISHORE AGRAWAL Vs. ORIENTAL INSURANCE COMPANY

JUDGEMENT

(1.) The Complainant has filed this First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short "the Act"), against Oriental Insurance Company (for short "the Insurance Company"), questioning the correctness of order dated 04.09.2013 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad, in Complaint Case No. 23 of 2011. By the impugned order, the claim made by the Complainant against the Insurance Company, for indemnification of the loss suffered by him on account of the accident of the insured vehicle, along with compensation for not settling the claim expeditiously, has been partly allowed.

(2.) The material facts, necessary for the purpose of this Appeal, are as follows:-

(3.) In its written version, while denying the allegation of any deficiency in service on its part, it was stated by the Insurance Company that on receipt of intimation about the accident, one Ram Bahadur Singh of Mumbai was appointed as the surveyor to assess the loss caused to the vehicle. As the surveyor had recommended the assessment of loss on 'repair basis', the Complainant was asked to get the vehicle repaired. However, the Complainant insisted on settlement of claim on 'cash loss basis', and therefore, his claim was not settled.