Oriental Insurance Co. Ltd. vs CHANDRABHAN GANPATI WANJARI

WE are proceeding to dispose off this appeal in the absence of appellant or their Advocate on perusal and on consideration of material before us as also on hearing the Advocate for the respondent. Despite being aware of the matter being on board, none is present on their behalf.

THE appellant herein is the original O.P. in Complaint No. 151/1997 on the file of District Forum, Chandrapur and have challenged order dated 2nd March, 1998 of that Forum whereunder the District Forum has ordered appellant to pay various amounts mentioned in the operative part of the order, being claim in respect of vehicle, namely, JEEP of which the complainant obtained insurance from the appellant and which was stolen. THE District Forum has awarded Rs. 1,80,000/- towards the damages to the vehicle, Rs. 10,000/- towards mental agony, Rs. 5,000/- for travelling expenses, Rs. 4,305/- for transportation and Rs. 500/- towards the cost. THE payment of interest is also directed @ 18% p.a. As stated the appellants have taken exception to the said order. It may be stated that the hearing of this appeal was fixed on 23rd February, 2001 at Nagpur when the same was on board at Mumbai on 2nd August, 2000 and when representative of the Advocate for the appellant was present. The matter was ordered to be placed at Nagpur Camp.

Accordingly, the matter appeared on 23rd February, 2001 and adjourned to today. The respondent''s Advocate has intimated the appellant about the matter being on today''s board by letter dated 26th February, 2001. Copy whereof along with acknowledgement of the appellant is tendered.

THE order of the District Forum under challenge is elaborated running into as many as 25 pages. It is noticed that the total insurance cover was to the extent of Rs. 1,80,000/- and before the District Forum there were as many as 3 Survey Reports of the experts, engaged by the appellant and out of 3, two Surveyors indicated there sum of Rs. 1,80,000/- would be appropriate amount, whereas the 3rd one has certain reservations.

DISTRICT Forum on consideration of the Survey Reports and the other related record made available before it, vide its elaborate and detailed judgment held as reasonable to award a sum of Rs. 1,80,000/- assigning cogent and convincing reasoning for the same. It perused the Reports of the Experts in that report. We are in concurrence with the findings of the DISTRICT Forum in that behalf. We, therefore, confirm the findings of the District Forum for award of Rs. 1,80,000/-. In addition, the District Forum has awarded Rs. 10,000/- for mental agony. But in fairness to the appellant, it must be said that there are no justified reasoning assigned by the District Forum for award of the said amount. Similarly, the award of Rs. 5,000/- towards travelling expenses and Rs. 4,305/- for transportation would not be permissible for the District Forum in the claim of the nature made in absence of supporting data and case made out in that behalf. We are of the view that the District Forum has done so in absence of convincing and supporting data.

THE next is the interest, which is awarded @ 18% p.a. which in our view is on the higher side. Interest @ 12% p.a. would be just and proper.

WITH modifications as indicated herein above, this appeal stands partially allowed. ORDER (1) The order of the District Forum of payment of Rs. 1,80,000/- to the complainant stands confirmed. (2) The rate of interest, however, stands reduced from 18% to 12% p.a. for the period mentioned in the operative Clause No. 1 of the order. (3) Award of Rs. 10,000/- towards mental torture, Rs. 5,000/- towards travelling expenses and Rs. 4,305/- for transportation standsquashed and set aside. (4) The order of cost of Rs. 500/- is retained. (5) WITH the modifications as above, the appeal stands partially allowed. (6) There shall be no order as to costs.

Appeal partly allowed.