PRATAP SINGH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision is directed against the order dated 5.8.2004 of H.P. State Consumer Disputes Redressal Commission, Shimla disposing of appeal against the order dated 26.5.2003 of a District Forum with the modification that amount of Rs. 1,50,000 instead of Rs. 2,50,000 be paid and that too with interest @ 9% p.a instead of 18% p.a. by the respondent/opposite party to the petitioner/complainant.

(2.) The petitioner got his truck bearing registration No. HP-51-2140 insured for a sum of Rs. 2,75,000 with the respondent. During the currency of policy, truck met with an accident on 2.4.2000. On settling claim only for Rs. 83,500 the petitioner filed complaint which was contested by the respondent. Complaint was allowed by the District Forum and District Forum's order in appeal by the respondent was modified in the manner noticed above by the State Commission.

(3.) Only submission advanced by Shri Tarun Tiwari for petitioner was that as the vehicle was insured for Rs. 2,75,000 the petitioner is entitled to that amount on total loss basis. The copy of report of V.K. Berry, Surveyor dated 10.11.2000 is at pages 45-50. This report would show that the market value of truck after accident was Rs. 1,50,000 and after deduction amount towards average clause its net value was Rs. 1,48,000. Report further notices that the value of salvage was Rs. 60,000 and as salvage is being retained by petitioner, the amount payable to petitioner on total loss basis would be Rs. 88,500 (1,48,500 - 60,000). Amount of Rs. 1,50,000 as awarded by State Commission excludes the salvage. Since no revision has been filed against State Commission's order by the respondent/Insurance Company, it is liable to pay Rs. 1,50,000 as against said amount of Rs. 88,500. Amount for which vehicle was insured has no relevance in the matter. Revision petition is, therefore, liable to be dismissed being without any merit. Dismissed as such. No order as to cost. Revision Petition dismissed.