Branch Manager, Oriental Insurance Company Ltd. vs SANTOSH KUMAR ROUT

THE Insurance Company is in appeal against the order of the District Forum, Phulbani directing them to pay a sum of Rs. 1,73,542/- with interest at the rate of 10% per annum from 11.7.1996 till payment and Rs. 25,000/- towards damages and Rs. 10,000/- towards costs of litigation. Complainant''s truck bearing No. MBY-9738 L.P. was insured with the Insurance Company. THE period of validity of the policy was in between the dates 11.11.1994 and 10.11.1996. On 5.4.19966 the vehicle met with an accident at Baliguda and sustained damage. THE complainant claims Rs. 1,73,542/-. THE claim of the complainant was repudiated on the ground that the documents and cash memos, etc. from the supplier of different parts from Calcutta and Berhampur were forged and fake. Another point was taken that the complainant having accepted Rs. 25,700/- in full and final settlement of his claim, the complaint petition for further claim was barred by estoppel and acquiescence.

HEARD Mr. P. Ray, the learned Counsel for the appellants and Mr. A.K. Samal the learned Counsel for the complainant. We do not find any infirmity in the order. The Insurance Company''s case is that the Surveyor correctly assessed the loss to the tune of Rs. 49,682.56 paise and the complainant out of this amount accepted Rs. 25,700/- in full and final satisfaction of the claim and that too without any objection. The District Forum on examining Ext. 29 found the complainant no doubt received the amount of Rs. 25,700/- as claimed but this was under protest. This we find to be correct. Therefore, question of the complainant not raising a further claim does not arise. The Insurance Company took the plea that the cash memos/vouchers amounting to Rs. 79,650/- granted by one Goyal Tractors, Calcutta and the cash memo from Laxmi Automobiles, Berhampur amounting to Rs. 15,792/- and cash memo from Upendra Welding Works amounting to Rs. 800/- were fake documents. The District Forum held that there was nothing on record to hold that they were fabricated documents. That apart it also accepted the affidavit of the person who accompanied the complainant to other places to purchase the parts described under these documents respectively, Annexures A/5, A/6 and A/7. We have nothing to differ from such a reasoning and we for ourselves have examined the case and do not find anything wrong with the order. If the three documents are taken into account, which the District Forum has done the total amount under these cash memos alone comes to Rs. 1,03,242/-. Admittedly Surveyor assessed the loss at Rs. 49,682.56 ps. Therefore, the Court awarding the amount towards loss at Rs. 1,73,542/- cannot be said to be wrong. But having allowed the claim of the complainant with interest, it was not further proper to award Rs. 25,000/- towards damages for the loss sustained which part we set aside, though we uphold awarding cost of Rs. 10,000/- in the case. The appeal is allowed in part. The District Forum order though confirmed is modified to the extent indicated above. Dr. Arati Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Appeal partly allowed.