New India Assurance Co. Ltd. vs BENUDHAR UPADHYAYA

THIS is an appeal by the Insurance Company against the impugned order dated 31.12.1996 of the District Forum, Puri directing the Insurance Company to pay a sum of Rs. 12,480.70 paise and compensation of Rs. 2,000/- to the complainant.

IT is not disputed that complainant''s private Ambassador car was insured with the appellant and the insurance policy was valid till 11.8.1995. IT is also not disputed that the car met with an accident on 9.11.1994. The complainant made a claim of Rs. 49,157.40 paise. The Insurance Company sent a Surveyor who assessed the loss at Rs. 15,680.40 paise and the appellant-Company paid to the complainant Rs. 13,000/- and obtained a receipt from him against full and final settlement. The complainant being dissatisfied with the settlement approached the District Forum which held that the assessment by the Surveyor was on the lower side and accordingly awarded an amount of Rs. 25,480.70 minus the amount of Rs. 13,000/- received earlier by the complainant. The Insurance Company is in appeal. We have heard Mr. M. Sinha, the learned Counsel for the appellant and Mr. B.K. Rath, the learned Counsel for the complainant. We have perused the impugned order. We do not find there is any infirmity in the order of the District Forum. The first Surveyor was one Sri S.K. Sarkar who inspected the vehicle immediately after the occurrence. He found the damage and the condition of the body as follows : (a) Front chassis frame bent. (b) Engine foundations (Base) bent. (c) Dash board pushed to rear on R.H. side and got bent. (d) R.H.S. mudguard badly pressed and deshaped. (e) Both front doors misalligned. (f) Front cross and centre cross bent. (g) R.H.S. front show, grill, bonnet assy, badly pressed, deshaped and buckled/damaged. (h) W/s pillar R.H.S. misalligned. (i) Radiator pressed with fan and inner cores cut. Entire Radiator assy, bent. (j) Hose pipes recut. (k) R.H.S. H.L. assy, indicator and parking light broken. (l) Casing and terminal portion of the battery broken. (m) Wiring harness pressed and cut. (n) Lower bar R.H.S. bent. (o) Shock absorber bar R.H.S. bent and shock absorber bent/leaked.

The report itself indicates the extent of severe damage caused to the vehicle. Therefore, awarding amount of Rs. 25,000/- on the whole though seems to be on the lower side since the complainant has not come up with cross-appeal, we only confirm that order of the District Forum. Hence, we dismiss the appeal. No cost.

SO far as the main thrust of argument of Mr. Sinha is concerned that the complainant having received the amount of Rs. 13,000/- in full and final settlement of the claim could not have raised the present claim before the District Forum, it is settled law that certainly, in case the complainant committed any laches in his part by bringing a claim long after the settlement that would have weighed against him, but in the present case the discharge voucher was signed on 5.12.1995 and the complaint petition was filed on 8.2.1996. Thus it cannot be said that the complainant filed the case long after settlement, and thus there was any lapses on his part. Accordingly we reject the contention of Mr. Sinha. The appeal is dismissed. No cost. The order be complied within a period of two months from the date of communication of the order. Appeal dismissed.