UNITED INDIA INSURANCE CO. LTD. Vs. RAJ KUMAR

JUDGEMENT

(1.) Aggrieved by the order dated 01.08.2007 of the State Consumer Disputes Redressal Commission, Delhi, (for short, "State Commission"), the petitioner United India Insurance Co. Ltd. has filed this revision petition before this commission. The basic facts of the case are that the truck of the respondent was insured with the petitioner and the accident took place on 12/13.06.2004. The truck was towed to Kapur Diesel Garage Pvt. Ltd. The petitioner appointed M/s K.R. Arora & Co. to assess the loss. The surveyor assessed the loss to the tune of Rs. 99089/- only. The engineers of the Tata Motors advised the respondent to replace the chassis of the truck, whereas the authorized surveyor M/s K.R. Arora & Co. recommended repairs of the chassis. The respondent got chassis replaced on the advice of the Tata Engineers for Rs. 390076/-. Other works relating to repairs were carried out by Vishnu Kumar body works for Rs. 55,000/- and respondent spent Rs. 4500/- for crane charges. Thus respondent spent Rs. 449576/-.

(2.) The respondent filed the Consumer Complaint before the District Consumer Disputes Redressal Forum, Delhi (for short, "District Forum") for Rs. 449576/-. The District Forum vide its order dated 05.02.2007 allowed the consumer complaint and ordered as follows:

(3.) The petitioner preferred an appeal against the order of the District Forum before the State Commission which was dismissed vide order dated 01.08.2007. The present revision petition has been filed against this order of the State Commission.