ORIENTAL INSURANCE CO. LTD. Vs. RANJIT KUMAR MISHRA

JUDGEMENT

(1.) The respondent/complainant is reported to have been served by publication on 19.04.2019. No one however, is present for him despite service. I have therefore, heard the learned counsel for the petitioner, who informs that the complainant had not appeared even before the State Commission.

(2.) The complainant/respondent owned a vehicle which he had got insured with the petitioner company. The said vehicle having met with an accident, the complainant lodged a claim with the petitioner company. The surveyor appointed by the petitioner to assess the loss to the complainant recommended payment of Rs.93,316/- to the complainant/insured.

(3.) Vide letter dated 04.11.2010, the petitioner company remitted an amount of Rs.79,783/- to the complainant by way of a cheque in the name of Tata Motors Ltd. which seems to be the financer of the vehicle. It was inter-alia stated in the said letter that the cheque of Rs.79,783/- was enclosed in full and final settlement of the claim and if this was not acceptable to him, the complainant should immediately return that cheque. It was further stated in the letter that if this was not done, it would be presumed that the proposal of the insurer had been accepted by the complainant and the encashment of the cheque shall be considered to be a receipt of full and final settlement of the claim.