NATIONAL INSURANCE CO LTD Vs. AJAY KANWAR

JUDGEMENT

(1.) DR. P. D. Shenoy, Presiding Member-It is the say of the complainant that he bought an Opel Astra car bearing registration No. DL-2ch-7302. The said car was insured with the petitioner-Insurance Company on 22. 11. 2004 for a period of one year for a sum of Rs. 3,50,000. While he was on way from Jalandhar to his village, his car met with an accident near Bhogpur with a truck at 11. 30 p. m. on 18. 1. 2005 due to dense fog. The truck driver ran away from the place of the scene. The complainant informed the Branch Manager of the Insurance Company on phone. The car was towed to Dada Motors, Jalandhar for repairs.

(2.) M/s. Arun Kumar and Company were appointed as Surveyors and Loss Assessors by the Insurance Company. It is contended by the respondent that though he fulfilled all the formalities for getting the insurance amount/claim, the Insurance Company delayed the matter and finally repudiated the claim through its letter dated 12. 7. 2005. Therefore, he had to file a complaint before the District Forum. That complaint was contested by the Insurance Company though the company admitted that the car was insured by it. The Insurance Company contended that intimation of the accident in writing was given to the former 14 days later. The Surveyor appointed by them assessed the loss at Rs. 2,15,756 on repair basis and Rs. 1,89,000 on the basis of salvage as per its report dated 18. 4. 2005. The Surveyor concluded that settlement of loss on repair basis was not at all economical and reasonable in comparison with other modes. However, insurer may settle the loss on net of salvage loss basis for Rs. 2,65,000 less salvage value of the damaged vehicle assessed at Rs. 75,000 = Rs. 1,90,000.

(3.) THE Insurance Company subsequently appointed Secret Bureau of Investigation to investigate this claim. The Investigator recommended repudiation of the claim stating that the claim was not genuine.