ORIENTAL INSURANCE CO. LTD. vs Subhash Sakhahari Pachbhai

THIS Revision Petition has been filed by the Petitioner against order dated 6.9.2013 passed by Learned State Commission in FA No. 74 of 2013 - Branch Manager, The Oriental Insurance Co. Ltd. VS. Subhash Sakhahari Pachbhai, by which while dismissing appeal, order of the District Forum alongwith complaint was upheld.

BRIEF facts of the case are that Complainant - Respondent obtained insurance of his truck bearing No. MH -18M -3676 from Opposite Party -Petitioner for a period of one year from 11.9.2009 to 10.9.2010 for IDV of Rs. 4,50,000/ -. On 27.4.2010, truck met with an accident and was damaged totally. Intimation was given to Opposite Party and Opposite Party asked Complainant to repair the truck. Complainant informed Opposite Party that due to financial inability he cannot get the truck repaired and requested for settlement of the claim. As claim was not settled, alleging deficiency on the part of Opposite Party, Complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that Complainant is claiming Rs. 8,41,896/ - whereas IDV was for Rs. 4,50,000/ -. It was further submitted that surveyor assessed loss to the tune of Rs. 1,60,000/ - and Complainant was asked to accept Rs. 1,30,000/ - as full and final settlement, but, as the amount was not accepted, prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed the complaint and directed Opposite Party to pay Rs. 3,02,608/ - with 9% p.a. interest. Appeal filed by Opposite Party was dismissed by Learned State Commission vide impugned order against which this Revision Petition has been filed.

HEARD Learned Counsel for the parties finally at admission stage and perused the record. Learned Counsel for Petitioner submitted that in the light of Circular dated 6.7.2006 and in the light of surveyor ''s report, Complainant was entitled to receive maximum Rs. 1,60,000/ - but Learned District Forum committed error in allowing Rs. 3,02,608/ - and Learned State Commission, further, committed error in dismissing appeal, hence, Revision Petition be allowed. On the other hand, Learned Counsel for Respondent submitted that order passed by Learned State Commission which is in accordance with Law, hence, Revision Petition be dismissed. Perusal of record reveals that Surveyor - D.S. Hiraskar made Spot survey and submitted report dated 1.5.2010 and found most of the parts of the vehicle badly damaged. Surveyor - Sudhir G. Chavan assessed loss on the basis of Spot survey and by report dated 11.8.2010, assessed insurer ''s approximate liability as Rs. 3,02,608.20 and also observed that expected salvage value was Rs. 12,608.20 and further observed that insured insisted for declaring total loss but the repair liability was not exceeding 75% of IDV, he was informed to get it repaired. Opposite Party vide letter dated 9.7.2010 asked the Complainant to get it repaired and submit bills but Complainant expressed his inability to get it repaired on account of financial crunch. Perusal of record further reveals that complaint was filed on 9.12.2010 and Opposite Party obtained 2nd surveyor ''s report on 4.3.2011 without any basis and 2nd surveyor opined cash loss of Rs. 1,60,000/ - and Opposite Party asked the Complainant to accept Rs. 1,30,000/ - as full and final settlement without any justification.

THERE was no occasion to appoint 2nd surveyor and Learned District Forum rightly relied on the survey report of Ist surveyor and rightly awarded compensation. Learned State Commission rightly observed that Insurance Co. appointed one surveyor after another to prolong the assessment of loss and committed deficiency in service and rightly dismissed the appeal.

LEARNED Counsel for Petitioner has drawn my attention towards Circular dated 6.7.2006 issued by Opposite Party to its Offices and advised to settle claims on cash loss basis after deducting 25% of the amount. This Circular is internal direction by Head Office to different offices and on the basis of this Circular, Complainant cannot be deprived from getting loss assessed by Ist surveyor. Looking to the concurrent findings of the Fora below, I do not find any illegality, irregularity or jurisdictional error in the impugned order and Revision Petition is liable to be dismissed. Consequently, Revision Petition filed by the Petitioner is dismissed at admission stage with no order as to costs.