UNITED INDIA INSURANCE COMPANY LIMITED Vs. DEEN DAYAL

JUDGEMENT

(1.) PETITIONER was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the petitioner.

(2.) VERY briefly stated the facts of the case are that the respondent, who was owner of a bus had obtained an insurance cover from the petitioner Insurance Company. The insured bus met with an accident 011 25.3.1995. As per the respondent/complainant, he incurred an expenses of Rs. 1,72,187.45 ps. for repairing the said bus and filed the claim accordingly. But the petitioner Insurance Company was willing to settle the claim only at Rs. 28,188 as per loss assessed by the Surveyor appointed by them after the accident. Since the lower amount was not acceptable by the respondent/complainant, he filed a complaint before the District Forum, who after hearing the parties and perusal of material on record, dismissed the complaint, against which the respondent/complainant filed an appeal before the State Commission, who directed the petitioner Insurance Company to pay Rs. 60,000 in full and final settlement along with interest @ 9% p.a. from the date of filing the complaint. Aggrieved by this order, this revision petition has been filed before us.

(3.) WE heard the learned Counsel for the parties and perused the material on record. We have also carefully gone through the Surveyor report. According to this report, the Surveyor, based on the estimates from three companies, arrived at a figure of Rs. 33,620.15 ps. as the loss assessd, and after providing for depreciation as also 'excess clause' and the value of salvage, the loss was assessed at Rs. 28,188. We have also seen that the Surveyor has clearly mentioned the following under the head 'Assessment' :