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Judgment
4 paragraphs · 345 wordsBY this appeal, the appellants/opposite parties (hereinafter to be referred to as the Insurance Company) have challenged the order of the District Forum, Chamba dated 20.12.95.
THE relevant facts, in brief, of the case are that the vehicle of the respondents/complainants (hereinafter to be referred to as the complainants) Pick-Up-Van (EC) bearing Registration No. HP-48-0270 met with an accident on 20.2.92. THE vehicle at the relevant time was insured with the Insurance Company for a sum of Rs. 1,60,000/-. THE F.I.R. was lodged with the Police and the claim was preferred with the Insurance Company and admittedly the loss was assessed by the Surveyor for an amount of Rs. 1,33,000/- and that the Insurance Company settled this amount as full and final settlement against the amount of insurance of Rs. 1,60,000/-. This amount seems to have been sent by the Insurance Company to the banker of the insured and was adjusted to the credit of the banker of the insured. There is no material on record to show that the complainant at any stage accepted the amount under protest and further there is no dispute that the claim of the complainant has been substantially met. In these facts and circumstances, we are of the opinion that the complaint is not maintainable and the complainant is not entitled to the relief(s).
We are fortified by a case Chelur Satellite Communication System Ltd. v. United India Insurance Co. Ltd. 1994 (1) CPC 428 whereby the National Commission has held that if the claim of the complainant under the policy of insurance has been substantially settled, the complaint does not survive as a consumer dispute. If, however, the complainant wishes to seek damages for the balance amount claimed by him, he will be free to approach the Civil Court which can go into the matter in depth.
IN the light of what is discussed above, the appeal succeeds and the complaint of the respondents is dismissed and the complainants shall not be entitled to any relief. There is no order as to costs. Appeal allowed.