NEW INDIA ASSURANCE CO LTD Vs. BAIDYANATH DANDAPAT

JUDGEMENT

(1.) The Mayurbhanj District Forum (by majority) has directed the appellants to pay to the respondent Rs.1,77,000 towards the cost of the body shell of the vehicle including the cost of repairing, Rs.5,850 towards the cost of the radiator, Rs.1,000 as compensation and Rs.500 as costs by order dated 30.8.2003 in C. D. Case No.90 of 2003. Being felt aggrieved by the said order, the New India Assurance Company Limited has filed this appeal.

(2.) Admittedly the respondent is the registered owner of "tata Sumo" vehicle, which was comprehensively insured with the appellant. While the insurance policy was in force, the vehicle met with an accident on 24.4.2002 and it was badly damaged. He shifted the damaged vehicle to the garage on 25.4.2002. On being intimated, the appellants deputed one S. K. Sahu to inspect the vehicle and assess the damage. After the vehicle was inspected, the respondent took it to the authorised dealer - ASL Motors Private Limited at Jamshedpur for necessary repair. The radiator was damaged in the accident. Therefore, he purchased a new radiator from United Sales Agency, Calcutta and after replacing the damaged one with new radiator, he took the vehicle to Jamshedpur by road. The Divisional Manager of the appellant at Balasore requested his counterpart at Jamshedpur for re-survey of the vehicle. One R. K. Singh surveyed the vehicle and gave an acceptance note. He recommended spare parts to be replaced. In accordance with the recommendation, the respondent replaced the spare parts and got the vehicle repaired. After completion of the repair work, he brought the vehicle to Baripada. He submitted all papers for settlement of the claim and reimbursement of the money he had spent towards the repair of the vehicle. Although the claim was genuine, the appellants did not settle it, which compelled him to file the complaint.

(3.) The appellants in the written version pleaded that the damage to the vehicle was assessed at Rs.72,000 only and this amount was offered to the respondent, but he did not accept it.