NEW INDIA ASSURANCE CO LTD Vs. JAYAPAL

JUDGEMENT

(1.) The opposite party New India Assurance Company is the appellant.

(2.) The complainant had insured his lorry with the opposite party. The lorry met with an accident on 2.5.91 resulting in damages. The complainant made a claim for damages with the opposite party which was registered on 31.5.91. The complainant got the lorry repaired. One Company repaired the engine, and another Company repaired the body. According to the complainant the repair charges as per the bills of the two Companies came to Rs.76,379.31. The bills were submitted to the opposite party. But the opposite party was prepared to pay only Rs.23,934/- and it had sent a discharge certificate on 23.3.92 for that amount to be signed by the complainant. On these grounds the complaint has been filed for directing the opposite party to pay the sum of Rs.76,379.31 with interest thereon and for compensation of Rs.20,000/-.

(3.) The opposite party contended that as per the independent Surveyor appointed by it, who had considered the bills submitted by the complainant, the actual damages would be Rs.23,934/- and to this amount only the complainant would be entitled to, and a discharge warrant sent to the complainant was not accepted by it. It was further contended that once the quantum of compensation is in dispute, under the terms of the policy the matter should have been referred to an Arbitrator.