NEW INDIA ASSURANCE CO LTD Vs. MOHD NASIM

JUDGEMENT

(1.) The insurer - respondent in the original complaint, sought to invoke the revisional jurisdiction of the State Commission under Section 17(b) of the Consumer Protection Act, 1986 (for short "Act") by way of this revision petition for seeking a direction to the opposite party, original complainant either to deposit the salvage or to bear and pay its value to the insurer.

(2.) Brief facts of the case are that the vehicle of the complainant insured with the insurer met with an accident. The surveyor assessed the loss on repair basis as well as on total loss basis in his report (Paper Nos. 6 to 11). The claim preferred was repudiated, whereby a complaint was filed against the insurer. The District Forum, Nainital by order dated 13.3.2003 allowed the complaint thereby directing the insurer to pay Rs. 2,01,000 together with interest and Rs. 1,500 as expenses of the litigation. The order of the District Forum reveals that the relief was granted on total loss basis as assessed by the surveyor in his report dated 18.8.2000 referred above and learned Counsel of the parties have also agreed to this proposition. Later on, the complainant filed an appeal under Section 15 of the Act for enhancement of the amount of compensation. The said Appeal No. 260/2003 was dismissed on 14.7.2003. Thereafter, complainant filed Execution Case No. 120/2003 for enforcement of the order of the District Forum referred above. In the execution proceedings, the insurer raised plea that since the complainant is seeking enforcement of the order of the District Forum regarding payment of the amount of compensation by the insurer, the complainant be directed to either deposit the salvage or the the value of the salvage may be adjusted against the amount of compensation. The District Forum in principle accepted the plea in view of the surveyor's report and since the compensation was awarded on total loss basis, it directed for depositing the salvage and in the event of failure to do so to adjust a sum of Rs.14,000 as assessed value of the salvage. This order was passed on 28/29.10.2003 and the objections of the insurer were accordingly disposed of.

(3.) Before the initial order dated 13.2.2002 of the District Forum passed in the original complaint could be enforced subject to the direction as given by the above order dated 28/29.10.2003, another order was passed by the District Forum, Nainital on 20.10.2004 whereby the order dated 28/29.10.2003 was recalled on the ground that the District Forum has had no jurisdiction to add a further direction in the final order dated 13.3.2003. Insurer felt aggrieved and filed present petition with a prayer to set aside the impugned order dated 20.10.2004 passed in Execution Case No. 120/2003, arising out of Complaint Case No. 31/2002 and for direction to the complainant to refund the salvage or to pay its value as assessed by the surveyor.