AMAR GAUTTAM Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The challenge in this appeal is to the order of the learned District Forum, Shimla, dated 19.7.93, whereby the complaint of the complainant has been dismissed.

(2.) The relevant facts necessary to be referred to for determining the point in controversy are that the complainant/ appellant (hereinafter to be referred to as the appellant) got his car Premier Padmini No. H. P.03-0454 insured with the respondent (hereinafter to be referred to as the Assurance Company) for the period from 3.5.91 to 2.5.92 for a sum of Rs.1,33,000/-. The car, when the insurance policy was in force, unfortunately, met with an accident at Shimla on 22.10.91 and was badly damaged. The claim was preferred by the appellant with the Assurance Company and it appears that vide letter dated 1.10.92 (Annexure R-III), the appellant has accepted the amount of Rs.77,146/- in full and final settlement of his claim and received the amount in two instalments of Rs.55,000/- and Rs.22,146/- as is evident from the receipts Annexures R-IV and R-V.

(3.) Mr. Rajiv Mehta, learned Counsel for the appellant submits that the amount given by the Assurance Company to the appellant for compensating the loss is not adequate and it should be enhanced. On the other hand, Mr. Naresh Gupta, learned Counsel for the Assurance Company argues that the quantum of compensation has been finally settled between the parties and that the appellant has accepted the amount of Rs.77,146/- in full and final settlement of his claim and has already received the amount in two instalments of Rs.55,000/- and Rs.22,146/-.