LAWS(NCD)-2015-12-64

ARUN KUMAR B. VATTAVILAYIL KOHINOOR, KULANADA VILLAGE, ULANAD P.O. Vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. BRANCH OFFICE, PATHANAMTHITTA KERALA

Decided On December 08, 2015
ARUN KUMAR B VATTAVILAYIL KOHINOOR Appellant
V/S
BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

(1.) Counsel for the parties present. Arguments heard. Sh. Arun Kumar B., the complainant is the owner of Scorpio vehicle. It was insured with the National Insurance Company. The vehicle met with an accident on 03.04.2012. The authorized workshop of the Opposite Party estimated the loss at Rs.8,17,250/-. It is, however, interesting to note that the complainant had claimed Rs.4,00,000/- only in the claim form dated 04.05.2012. The surveyor assessed the loss at Rs.2, 86,345/-.

(2.) The District Forum allowed the complaint of the complainant relying upon the report of the Local Commissioner, Ex-C-2, who is a Motor Vehicle Inspector. He assessed the loss at Rs.5,68,350/- and the District Forum granted the claim in the sum of Rs.6,00,000/- as per the policy.

(3.) The order of the District Forum, on its face, is illegal. It is difficult to understand how did it give more amount than the amount claimed by the petitioner/complainant, in his claim form.