New India Assurance Co. Ltd. vs CHITRAMALA TV REPAIR CENTRE

THIS petition is by the insurer-opposite party. Respondent-complainant had taken insurance policy from the petitioner for theft/burglary. During the currency of the insurance policy theft took place in the shop premises of the complainant on the night of 5th/6th, January, 1991. His televisions coloured and black & white and other articles and also a cash of Rs. 1,800/- were stolen. Petitioner was informed on 7.1.1991 of the theft and the loss. Petitioner appointed Surveyor who assessed the loss at Rs. 26,265/-. Not satisfied with the report of the Surveyor, another Surveyor was appointed by the petitioner. No reason was given as to why report of the first Surveyor was not found acceptable to the petitioner. Second Surveyor however, came to the conclusion that there was discrepancy in the documents of the complainant, and therefore, actual quantum of loss could not be ascertained. Second Surveyor was also of the view that there was a theft but the quantum of loss given by the complainant was incorrect. The report of the second Surveyor is dated 6.5.1992 and was given after 17 months of the incident. District Forum dismissed the complaint and referred the complainant to knock the door of the Civil Court.

COMPLAINANT challenged this order in the State Commission. As noted above, State Commission held the view that there was no justification given by the Insurance Company-petitioner as to why there was need to appoint second Surveyor. Examining the report of the first Surveyor, it was found by the State Commission that the Surveyor did not account for the loss of the TV sets brought for repairs which were lying in the shop premises of the complainant and also of the cash of Rs. 1,800/-. State Commission was also of the view the TV sets which had come to the shop of the complainant for repairs would also be covered under the policy if there was theft of those TV sets as the cost would have to be borne by the complainant of the owners of the TVs. Accordingly State Commission enhanced the compensation as given by the Surveyor from Rs. 26,235/- to Rs. 34,065/-, thus adding Rs. 6,000/- plus Rs. 1,800/- in the original Surveyor''s report out of which Rs. 6,000/- was cost of one TV set and one VCP set. Allowing the complaint, State Commission directed the petitioner to pay Rs. 34,065/- with interest @ 18% per annum from three months after the date of filing of the complaint till payment. Award of interest @ 18% would appear on the higher side and we would reduce the same to 12% per annum. State Commission also awarded cost of Rs. 2,000/-. With the modification above-mentioned, order of the State Commission is upheld and this revision petition is dismissed. Revision Petition dismissed.