NEW INDIA ASSURANCE CO. LTD. vs GULSHAN BHATIA

THIS revision petition has been filed by the petitioner against the order dated 15.05.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, ''the State Commission '') in Appeal No. 1066 of 2008 - Gulshan Bhatia Vs. New India Assurance Co. Ltd. and Ors. by which, while allowing appeal, order of District Forum allowing complaint was modified and compensation was enhanced.

BRIEF facts of the case are that complainant/respondent No. 1 got his Tata Indica insured with OP NO. 1/petitioner for Rs.2,80,000/ - for a period of one year commencing from 18.10.2004 to 17.10.2005. Vehicle met with an accident on 13.6.2005 and Surveyor Sh. Arvind Koesis appointed by OP No. 1 conducted spot survey. Complainant got estimate of repair from OP No. 3, which was for Rs.2,94,412.70. OP No. 1 appointed Shri R.S. Kohli as surveyor to assess final loss to the car. OP No. 1 informed complainant that car was not repairable and he was asked to settle the claim on total loss basis. It was further submitted that car was financed by OP No. 2. As claim was not settled, complainant filed complaint before District Forum. Alleging deficiency on the part of OPs OPs resisted complaint and OP No. 1 submitted in written statement that Surveyor Shri R.S. Kohli assessed loss for Rs.75,811/ - on repair basis. Complainant did not complete formalities; hence, claim could not be settled and prayed for dismissal of complaint. OP No. 2 admitted grant of loan and OP No. 3 submitted that rough estimate was prepared and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP No. 1 to pay Rs.1,30,000/ - against which, appeal filed by the complainant was allowed by learned State Commission vide impugned order and learned State Commission enhanced compensation from Rs.1,30,000/ - to Rs.1,80,000/ - against which, this revision petition has been filed. Heard leaned Counsel for the parties and perused record.

LEARNED Counsel for the petitioner submitted that learned State Commission committed error in enhancing compensation as car had already run 1,16,000 Kms. on the date of accident; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the Respondent No. 1 submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

PERUSAL of record clearly reveals that learned District forum allowed Rs.1,30,000/ - and learned State Commission enhanced compensation on the basis of a report dated 8.9.2006 given by Engineer J.K. Sharma. Learned Counsel for the Respondent No. 1 admitted that this report was not submitted in pursuance to directions of District Forum, but complainant himself obtained this report. Perusal of report of Shri J.K. Sharma reveals that Tata Indica insured by petitioner was of 2003 model and it was insured for Rs.2,80,000/ -. He has assessed Rs.2,50,000/ - as market value of the car and after deducting Rs.70,000/ - as value of the salvage opined net loss of Rs.1,80,000/ - as repair estimate was Rs.2,47,100/ -. District Forum allowed Rs.1,30,000/ - as car had run 150 K.M. per day in last 14 months and learned State Commission allowed Rs. 1,80,000/ - on the basis of Surveyor ''s report holding that report of surveyor cannot be brushed aside without cogent reasons.

WE are of the opinion that as Tata Indica was of 2003 model and had run about 1,16,000 K.M. before accident, it would be appropriate to assess market value of the car to be Rs.2,25,000/ - instead of Rs.2,50,000/ - assessed by Surveyor J.K. Sharma and after deducting cost of salvage, loss can be presumed as Rs.1,55,000/ - instead of Rs.1,80,000/ - assessed by Surveyor J.K. Sharma.

CONSEQUENTLY , revision petition filed by the petitioner is partly allowed and impugned order dated 15.5.2012 passed by learned State Commission in Appeal No. 1066 of 2008 - Gulshan Bhatia Vs. New India Assurance Co. Ltd. & Ors. is partly modified and loss is assessed to Rs.1,55,000/ - instead of Rs.1,80,000/ - and rest of the order of District Forum is affirmed.