NEW INDIA ASSURANCE CO. LTD. REGD AND HEAD OFFICE, 87 MAHATMA GANDHI ROAD FORT, MUMBAI Vs. HIM DASSI AND ANR. W/O SHRI CHARAN DAS, R/O VILLAGE KATERH, POST OFFICE POSHNA, TEHSIL NIRMAND, DISTRICT : KULLU H.P

JUDGEMENT

(1.) Smt. Him Dassi, the complainant, owned a vehicle meant for carrying of passengers. During the subsistence of the insurance policy obtained from New India Insurance Company Ltd./OP, the vehicle met with an accident and rolled down the road towards valley side. It was extensively damaged. The Surveyor assessed the loss at Rs.97,863/-. The OP did not pay any amount, therefore, the complainant filed a complaint before the District Forum. M/s Sai Automobile initially stated that a sum of Rs.1,20,000/- was required for the repairs but later on it told that a sum of Rs.2,92,000/- was required for repairs. The IDV of the vehicle was Rs.3,30,000/- because the repairer claimed more than 75% of the sum assured, therefore, the complainant did not get the repairs of her vehicle.

(2.) The District Forum allowed the complaint to the extent that a sum of Rs.97,863/- with interest @ 9% p.a. from the date of compliant, be paid to the complainant and also granted litigation expenses quantified at Rs.3,000/-. An appeal was filed by the complainant. The complainant contended that the entire body shell had been damaged and it requires replacement at a costs of Rs.1,61,000/- while according to the insurance company, the body shell was not totally damaged and it could have been repaired at a costs of Rs.12,000/-, as reported by the Surveyor. The State Commission passed the following order:

(3.) The State Commission directed that an additional amount of Rs.80,000/- be paid. In addition to the aforesaid amount, an amount of Rs.20,000/- was granted as compensation.