NEW INDIA ASSURANCE CO LTD Vs. BHAGAT SINGH

JUDGEMENT

(1.) THE New India Assurance Company Ltd. (hereinafter referred to as 'the petitioner' for short) petitioner herein has filed this revision petition against the Order of the State Consumer Disputes Redressal Commission, Uttaranchal, Dehradun (hereinafter referred to as 'the State Commission' for short) dated 9.11.2004 in Appeal No. 397 of 2003 whereby the State Commission dismissed the appeal filed by the petitioner -Insurance Company against the Order of the District Consumer Disputes Redressal Forum, Rudraprayag (hereinafter referred to as 'the District Forum' for short) dated 25.4.2003. The District Forum had allowed the complaint and directed the petitioner to pay a sum of Rs. 1,62,370 along with interest @ 9% p.a. from the date of filing of the complaint.

(2.) THE facts of the case in brief are:

(3.) THE maxi cab, make Bajaj model 1996 bearing registration No. UP -07C -4043 owned by the respondent was insured with the petitioner in the sum of Rs. 2,00,000 for the period 27.11.2001 to 26.11.2002. The said vehicle met with an accident on 1.3.2002. On the intimation given, the petitioner company initially appointed M/s. R.R. Sharma and Co. for spot survey and, thereafter, Mr. Ajay Kumar Arora was appointed for final survey. The perusal of the survey report shows that the surveyor had assessed the loss on repair basis (repairing liability) at Rs. 59,570. However, since the market inquiries had revealed that the market value of the vehicle in question was around Rs. 65,000 and the salvage value was Rs. 25,000, the Surveyor had recommended the loss on total loss basis at Rs. 40,000. On receipt of the report of the Surveyor, the petitioner had written to the respondent -complainant (hereinafter referred to as 'respondent' for short) to furnish the documents and also the discharge voucher duly signed for releasing the payment. The respondent did not accept the offer made by the petitioner and filed a complaint before the District Forum. Petitioner filed its detailed reply.