NEW INDIA ASSURANCE CO LTD vs Gobind Ram Khemchand

THIS revision petition has been filed by the petitioner against the order dated 11.12.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, ''the State Commission'') in Appeal No. 1075/2006 The New India Assurance Co. Ltd. Vs. M/s. Gobind Ram Khem Chand by which, while allowing appeal partly, order of District Forum allowing complaint was modified.

BRIEF facts of the case are that Complainant/respondent got his car insured from OP/petitioner for a period of one year from 21.7.2003 to 20.7.2004. Car met with an accident on 24.8.2003, intimation of which was given to OP and car was sent for repairs and authorized dealer of aforesaid car prepared estimate of Rs.6,19,659/ - inclusive of labour charges. OP deputed surveyor who inspected vehicle, but no assessment was made. Complainant paid Rs. 4,70,000/ - by cheuqe to the repairer dealer and obtained delivery of vehicle. Later on, OP intimated that surveyor had assessed loss to the tune of Rs.3,00,000/ -. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that complainant intimated about accident after two days. It was further submitted that earlier this vehicle remained uninsured from 7.1.2002 to 20.7.2003. It was further submitted that after inspection by surveyor investigator was appointed and observed that vehicle was damaged in old accident. It was further submitted that surveyor assessed loss of Rs.2,91,295/ - and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.4,70,000/ - along with compensation of Rs.10,000/ - and Rs.2,000/ - as cost of litigation. Appeal filed by OP was partly allowed and learned State Commission directed OP to pay Rs.2,91,295/ - assessed by surveyor and 50% of the balance amount from Rs.4,70,000/ - against which, this revision petition has been filed.

HEARD learned Counsel for the parties and perused record. Learned Counsel for the petitioner submitted that learned State Commission has committed error in allowing more than the amount assessed by surveyor without any cogent reason; hence, revision petition be allowed and impugned order be modified. On the other hand, leaned Counsel for the respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

IT is not disputed that surveyor assessed loss of Rs.2,91,295/ -. Perusal of surveyor report reveals that surveyor reduced about Rs.40,000/ - for labour charges and also reduced huge amount as depreciation of parts. Complainant has proved payment of Rs.4,70,000/ - by cheque to the repairer. Learned State Commission has allowed 50% of the difference of amount assessed by surveyor and paid by complainant which is about Rs.90,000/ -. As survyeor has reduced Rs.40,000/ - in labour charges which have been paid by complainant, there is no ground in not allowing aforesaid Rs.40,000/ - in the head of labour charges. Surveyor has also reduced value of the parts too much and in such circumstances, leaned State Commission has not committed error in allowing Rs.50,000/ - for spare parts, etc. totaling Rs.90,000/ - additional.

LEARNED Counsel for Respondent has placed reliance on judgment of Hon''ble Apex Court in News India Assurance Co. Ltd. Vs. Pradeep Kumar, 2009 6 Scale 253 in which surveyor assessed loss of Rs.63,771/ -, but claim of Rs. 1,58,409/ - allowed by District Forum which was upheld by State Commission and this Commission and again upheld by Hon''ble Apex Court and it was further observed that New India Assurance Co. would have been well advised in not spending public money unnecessarily on avoidable and wholly frivolous litigation such as this. In the case in hand also order passed by learned State Commission is appropriate and petitioner has filed unnecessarily revision petition which is liable to be dismissed.

CONSEQUENTLY , revision petition filed by the petitioner is dismissed with no order as to costs.