K.R. RAJASHEKAR vs New India Assurance Company Ltd.

THE complainant has filed this complaint praying for a direction to the O.P. to pay a sum of Rs. 34,13,868 alleging that non-payment of the amount as per the Surveyor''s report amounts to deficiency in service.

THE facts, in this case, are as follows : THE complainant is a silk merchant and got insured the stocks kept in his shop with the O.P. THE risk of fire accident is covered under the policy. THE policy is from 26.4.2000 to 25.4.2001. THE stock kept in the shop got damaged due to the fire accident on 31.3.2001. THE assured sum under the policy is Rs. 85,00,000. THE fact of fire accident was intimated to the opposite party. THE opposite party immediately after the receipt of the information regarding the fire accident appointed a Surveyor to assess the loss. THE Surveyor assessed the loss at Rs. 69,59,518 as per his report dated 30.5.2001. As the said report was not based on certain bills, again, the Insurance Company asked the Surveyor to re-assess the loss. Accordingly, the Surveyor assessed the loss at Rs. 67,32,412 after adjusting certain amount from the total loss assessed at Rs. 80,30,843. On the basis of the said report, according to the complainant, he is entitled for Rs. 67,32,412 and, therefore, he has filed this complaint stating that the amount offered by the Insurance Company at Rs. 56,76,981 is inadequate and the said amount was received under protest due to circumstances that were prevailing as on the date when the complainant received the amount. The O.P. has filed the version stating that since the complainant has received a sum of Rs. 56,76,981 in full and final settlement of the claim of the complainant, it is not open to the complainant to file a complaint along with his banker and it is liable to be dismissed. The Insurance Company has produced the discharge voucher which is marked as Ex. R.11.

The only question that arises for our consideration in this complaint is : whether the complainant is entitled for the amount as assessed by the Surveyor, when he has received a sum of Rs. 56,76,981 in full and final settlement of his claim?

THE Surveyor reports referred to above are not disputed. THE policy was in force as on the date of the accident and the assured sum under the policy is Rs. 85,00,000 is also not disputed. Pursuant to the information given by the complainant, the Insurance Company no doubt appointed the Surveyor to assess the loss. Ultimately, the Insurance Company having not accepted the report of the Surveyor called the complainant for settlement. Accordingly the complainant along with his banker received a sum of Rs. 56,76,981 in full and final settlement of his claim as per Ex. R.11. The learned Counsel appearing for the complainant submitted the receipt of the said amount was due to the fact that the complainant was facing financial problem at that time as he has been indebted to so many persons and, therefore, he has received the said amount without mentioning any protest in the discharge voucher.

THE complainant at the same time has failed to produce any affidavit of the concerned persons in support of his case to the effect that the complainant is facing financial difficulties as he has been indebted to certain persons. The further case of the complainant is that he signed the discharge voucher on 6.5.2002 and immediately on the next day i.e., on 7.5.2002 he had written a letter to the O.P. expressing his protest for having accepting the amount offered by the Insurance Company. The copy of the letter has been produced by the complainant along with his complaint. Thereafter, the complainant also issued a legal notice dated 27.2.2003 asking the Insurance Company to pay the amount as per the Surveyor''s report and he has received the amount of Rs. 56,76,981 under protest with reference to the letter dated 7.5.2002. The O.P. replied the said legal notice disputing the receipt of the letter dated 7.5.2002 is produced as Ex. P.13. The reply notice is marked as Ex. P.15. By looking at the letter dated 7.5.2002 we find the seal of the Insurance Company on the said letter. But there is no signature of any of the officers of the O.P. having received the said letter. In the absence of such signature, it cannot be accepted the said letter was received by the Insurance Company. Therefore, the alleged letter dated 7.5.2002 cannot be treated as one of expressing protest while receiving the amount of Rs. 56,76,981. The complainant is not an illiterate person. He is a big business man. He having signed the said discharge voucher dated 6.5.2002 along with his banker, he is bound by the contents of the said letter. From a reading of the contents of the said letter, it is seen that the complainant has received a sum of Rs. 56,76,981 in full and final settlement of his claim. If that is so, it is not open for him to ask anything more on the basis of the Surveyor''s report if any.

FURTHER the complainant having received the said amount without any protest he is estopped from contending that he is entitled for more amount than what has been received under Ex. R.11. Hence, we find no merit in this complaint. In the result, we pass the following: ORDER Complaint is dismissed. The parties are directed to bear their own costs. Complaint dismissed.