Kanta Mathur vs NATIONAL INSURANCE COMPANY LIMITED

COUNSEL for the parties present. Arguments heard. Smt. Kanta Mathur is the registered owner of Maruti Baleno and Baleno Alture, 2006. She purchased the car on 25.05.2006. It was insured for Rs.5,46,413/ - by the National Insurance Co. Ltd., and its functionaries - OPs -1 to 4. The said vehicle met with an accident on 11.03.2007. It is alleged that the OPs could not settle the matter, therefore, the complaint was filed before the District Forum on 23.10.2007. Vide impugned order dated 02.04.2008, the OPs were asked to settle the matter.

DURING the pendency of the Complaint before the District Forum, the petitioner had accepted a sum of Rs.3,95,413/ - in full and final settlement with the OPs. The said settlement runs as follows: - "I, the undersigned Kanta Mathur, W/o Late Sri Rohtas Mathur R/o D -14, MCD Colony, Bunglow Road, Delhi and registered owner of the vehicle insured under above said cover note/policy. I am not interested in getting the vehicle repaired, although I know the vehicle is repairable, therefore, hereby agree to and accept settlement of the claim on Net of salvage basis for consideration of Rs.546413/ - (Rs.Five lacs forty six thousand four hundred and thirteen) including towing, lifting, estimation and allied charges) in full and final settlement of my own damage claim loss arising out of an accident that occurred on 11.03.2007. I hereby agree to surrender Insurance certificate and policy for cancellation without consideration of any refund of premium for the unexpired period. It is understood that the above settlement is subject to the terms and conditions and provisions of the policy in force at the time of mishap and also subject to your accepting liability thereto.

Rs.3,96,413/ - On Net of Salvage (Inc. Towing, lifting, estimation and allied charges) Less Rs.1,000/ - (Compulsory Excess) Net Payable Rs.3,95,413/ - Kanta Mathur Signature Name: Kanta Mathur Address: D -14, MCD Colony Bunglow Road, Delhi Sunder Singh Witness (Signature) Name Address: 5822/7 .Chadrawal Jawahar Nagar, Delhi -7"

DESPITE this, the complainant filed another complaint before the District Forum. The District Forum dismissed the complaint. The State Commission observed: - "Consequently, the claim was settled and a sum of Rs.3,95,413/ - was accepted by the complainant vide cheque No.109647 on 19.05.2008 without any protest. Now in the present complaint the complainant is seeking direction to the opposite parties to pay the balance amount of Rs.1,51,000/ - on the ground that the Surveyor had assessed the loss to the extent of Rs.5,46,413/ -. Having considered the facts and circumstances of the case, we feel that there is no infirmity in the impugned order because once the complainant had accepted the cheque of Rs.3,95,413/ - in respect of her claim as full and final settlement, therefore, she cannot reopen her claim."

The First Appeal was therefore dismissed. It must be borne in mind that the petitioner had used the car for one year. Keeping in view all the facts and circumstances, the orders passed by the Fora below cannot be faulted.

THE Revision Petition is meritless and therefore, the same is dismissed.