RAJEEV KUMAR JHA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Petitioner filed Complaint Case No. 36/2004 before the District Consumer Forum, Saharsa, for a direction to the Insurance Company to reimburse the amount spent for the damage caused to the bus owned by him. It was his contention that while protecting an animal on the road, an accident took place on 16.6.2003 at 6.15 a.m. It is his say that he informed the police regarding the accident. He has also submitted that he had informed the concerned officer of the Oriental Insurance Company on the same day and had submitted insurance claim in due time. On the basis of the complaint, the District Forum by its order dated 14.12.2004 directed the Insurance Company to pay a sum of Rs. 3,50,373 and in case of failure, Insurance Company was directed to pay the same with interest @ 10% per annum.

(2.) Against that order, the Insurance Company preferred Appeal No. 6/2005 before the State Consumer Disputes Redressal Commission, Bihar. That appeal was allowed by order dated 5.5.2005 and the order passed by the District Forum was set aside. However, the Insurance Company was directed to pay a sum of Rs. 4,225 on the basis of Surveyor's report with interest @ 8% per annum till realization. Against that order, complainant has filed this revision petition.

(3.) Learned Counsel for the petitioner submitted that the impugned order passed by the State Commission is without considering the fact that the Insurance Company has appointed various Surveyors and those survey reports are not produced on record. He further submitted that the damage to the bus, in question, was not properly assessed by the Surveyor and there was no reason to disbelieve the say of the complainant that he was required to spent Rs. 3,52,373 for repairs of the bus.