ORIENTAL INSURANCE CO.LTD. Vs. MOHD.NOOR HAQ

JUDGEMENT

(1.) HEARD the Learned Counsel for the Petitioner.

(2.) THE District Forum dismissed the complaint filed by the Complainant Mohd. Noor Haq and the State Commission allowed the Appeal of the Complainant and directed the Insurance Company, Petitioner herein, to pay a sum of Rs. 70,000/ - along with interest @ 9% p.a. from 1.10.2004 and cost of Rs. 5,000/ -. Aggrieved by the above order Revision Petition is being filed by the Insurance Company.

(3.) THIS is a case where Surveyor assessed an expenditure of Rs. 1,97,755/ - for the damaged vehicle but the Petitioner paid only Rs. 1,25,500/ - and chose not to pay Rs. 70,902/ - on the grounds that although the dashboard was damaged but the repair cost would be Rs. 17,500/ -. The Surveyor has initially reported that the dashboard was found damaged badly on all sides, comp board pressed inside badly and joint dewelded, floor found crumbled and assessed the loss at Rs. 70,000/ -. The same Surveyor after submitting the original report 19 days later opined and estimated repair charges to be Rs. 17,500 instead of Rs. 70,000/ - which was meant to be for replacement of the same. Learned Counsel for the Petitioner submitted that the Respondent only received Rs. 17,500/ - and not the entire amount, i.e. Rs. 70,000/ - as awarded by the State Commission.