K.P. SINGH Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The complainant/petitioner owned a Maruti 800 Car bearing No.UP - 14 - J0479, which he had got insured with the respondent company. The aforesaid vehicle having met with an accident, a claim for Rs. 60,000/- was submitted by him. A surveyor was appointed by the insurer to inspect the vehicle. The surveyor assessed the loss to the complainant at Rs. 19,991/-. The aforesaid amount was paid to the complainant on 15.09.2006 vide cheque No.643795. After realizing the aforesaid cheque the complainant approached the concerned District Forum for payment of the balance amount on the ground that the amount of Rs. 19,981/- was accepted by him under protest.

(2.) The complaint was resisted by the insurer inter-alia on the ground that the complainant had accepted the aforesaid amount in settlement of his claim and that the payment made to the complainant was based upon the assessment made by the surveyor.

(3.) The complainant/petitioner also owned a Swift car No. UP-14 AS 1235. The aforesaid car also having met with an accident, a claim for Rs. 4,09,998/-, that being the IDV of the vehicle, was lodged by him. The surveyor assessed the loss to the complainant at Rs. 3,50,000/- on total loss basis and at Rs. 99,500/- without salvage. Vide consent letter dated 18.3.2010, the petitioner/complainant agreed to the settlement for the aforesaid amount of Rs. 99,500/-. The claim however, was later settled for Rs. 3,50,000/- which was duly paid to the complainant. After receiving the aforesaid amount, he approached the concerned District Forum for payment of the balance amount.