National Insurance Co. Ltd. vs LAXMI NARAYAN PUROHIT

BOTH sides are present through their respective Counsels. The vehicle of the complainant was insured with the opposite party and it met with an accident on 5.5.1994 at Cachar in the State of Assam. On a claim being lodged with the Insurance Company the latter appointed a Surveyor who assessed the damage to the said vehicle at Rs. 76,245/-. Being not satisfied with the report of the 1st Surveyor, the 2nd Surveyor was appointed by the Insurance Company and on the basis of the report of the 2nd Surveyor the amount of compensation was reduced to Rs. 56,600/-. The learned Counsel appearing for the appellant submits that the complainant is not entitled to the value of the parts, the breakage of which caused the accident of the vehicle. He submits further that the 1st Surveyor was not competent enough to asses the damage because of the fact that the entire parts of the vehicle were dis-assembled. He submits further that the 2nd Surveyor was an Engineer and more competent than the 1st one to assess the loss suffered by the vehicle because of accident. The opposite party did not examine the 2nd Surveyor nor any explanation has been offered as to why he could not be examined before the Forum. There was no material to show as to why the report of the first Surveyor was rejected. It appears that the entire matter in dispute was considered in detail by the Forum and on consideration of the materials on record, the Forum awarded compensation of Rs. 89,767/-. There is, however, no material to ascertain how this amount was arrived at. Anyway we notice from the report of the 1st Surveyor that the damage was to the tune of Rs. 76,245/-. The learned Counsel appearing for the appellant also submits that when there has been proper application of mind on the part of the authority in the matter of assessment of damages, that should not be disturbed. Here again, we must observe that the appellant has failed finally to show that there has been proper application of mind on the part of the proper authority in making assessment of damages. However, having considered the submission of the parties we think it proper to pass an award for a sum of Rs. 76,245/-. This amount of compensation will carry interest @ 12% from the expiry of two months from the date of submission of report by the 1st Surveyor. With regard to payment of compensation we think that it would be just and proper to award compensation of Rs. 2,500/- only. With this modification, the judgment of the Forum is affirmed. Appeal disposed of.