NATIONAL INSURANCE CO LTD Vs. GOBIND CHANDRA NAYAK

JUDGEMENT

(1.) -Aggrieved and dissatisfied by the order dated 14.7.2004 of the State Consumer Disputes Redressal Commission Orissa, Cuttack (the State Commission) in C.D. Case No. 42 of 1999 directing the Insurance Company to pay the amount of Rs. 2,00,000 to the complainant along with interest @ 9% p.a. from the date of the report submitted by the surveyor i.e. 15.1.1999 till payment along with the cost of Rs. 2,000, National Insurance Company has filed this appeal before us.

(2.) The case in brief is that the complainant was the owner of the bus which was comprehensively insured by the petitioner for a period from 1.9.1998 to 31.8.1999 for Rs. 3,30,000. The vehicle met with an accident on 21.10.1998, which resulted in total loss according to the complainant. The damaged vehicle was also examined by the Motor Vehicle Inspector who had indicated the extent of the damage.

(3.) The Insurance Company on receipt of intimation of the accident had deputed a spot surveyor and subsequently a final surveyor who estimated the damage to the vehicle at Rs. 3,00,000 (net). Surveyor had deducted Rs. 1,00,000 towards the salvage which was disputed by the complainant according to whom the salvage could not have been more than Rs. 40,000. Despite this the Insurance Company has sent a letter to the complainant on 9.6.1999 stating that the Company had estimated the loss at Rs. 1,06,250 towards full and final settlement of the claim treating the same as non-standard claim. Though the complainant signed the pre-receipt discharge voucher dated 9.6.1999, he sent a protest letter dated 10.6.1999 itself stating that the loss estimated by the surveyor at Rs. 2,00,000 and he is entitled for the balance amount. After considering the records of the case and hearing the parties and State Commission passed the order as narrated above.