NEW INDIA ASSURANCE CO. LTD & ANR vs HIM DASSI & ANR

Smt. Him Dassi, the complainant, owned a vehicle meant for carrying of passengers. During the subsistence of the insurance policy obtained from New India Insurance Company Ltd./OP, the vehicle met with an accident and rolled down the road towards valley side. It was extensively damaged. The Surveyor assessed the loss at Rs.97,863/-. The OP did not pay any amount, therefore, the complainant filed a complaint before the District Forum. M/s Sai Automobile initially stated that a sum of Rs.1,20,000/- was required for the repairs but later on it told that a sum of Rs.2,92,000/- was required for repairs. The IDV of the vehicle was Rs.3,30,000/- because the repairer claimed more than 75% of the sum assured, therefore, the complainant did not get the repairs of her vehicle.

The District Forum allowed the complaint to the extent that a sum of Rs.97,863/- with interest @ 9% p.a. from the date of compliant, be paid to the complainant and also granted litigation expenses quantified at Rs.3,000/-. An appeal was filed by the complainant. The complainant contended that the entire body shell had been damaged and it requires replacement at a costs of Rs.1,61,000/- while according to the insurance company, the body shell was not totally damaged and it could have been repaired at a costs of Rs.12,000/-, as reported by the Surveyor. The State Commission passed the following order: "11. With the surveyor''s report, we find a number of photographs. They are thirteen in number. The photographs show that the body of the vehicle was badly, though not totally damaged. Its front portion towards the driver side, is right hand side (towards driver side and roof in front), were also badly damaged. On the backside the pillars were bent, causing tilt of the backside of the body. Door on the side, opposite to that of the driver, also went out of plumb. On seeing all the thirteen photographs, we observe that at-least 50% of the pillars and sheets of the body shell need to be replaced."

The State Commission directed that an additional amount of Rs.80,000/- be paid. In addition to the aforesaid amount, an amount of Rs.20,000/- was granted as compensation.

Aggrieved by the order of the State Commission, the insurance company has filed the present revision petition.

Learned counsel for the petitioner/insurance company submitted that he does not pick up a conflict with the judgment passed by the State Commission but it should be reasonable amount. The OP is ready to pay a sum of Rs.80,000/- but the assessment made by the Surveyor towards the body shell should be deducted. We find that the request made by the petitioner is just and reasonable.

Learned counsel for the respondent argued that in the complainant''s complaint, the complainant is asking for a sum of Rs.1,20,000/- only.

We have perused the report of the surveyor. The surveyor has recommended total amount of Rs.53,711/- i.e. Rs. 29,072/- towards Roof panel assy., Rs. 20,408/- towards Door panel front right & left and Rs. 4231/- towards Back door panel. The same would be deducted from half amount of the body shell mentioned as Rs.1,61,000/-, i.e. Rs.80,500/- minus Rs.53711 comes to Rs.26,789/-. The OP is directed to pay the said amount of Rs.26,789/- with interest @9% p.a. from the date of filing of this complaint till its realization. In addition to the same, Rs.97,863/- with interest @9% p.a. and the costs of Rs.20,000/- as allowed by the State Commission be paid by the petitioner/OP to the complainant.

The revision petition is disposed of in the above said terms.