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ORIENTAL INSURANCE COMPANY vs K.L.MALHOTRA

National Consumer Disputes Redressal Commission · Decided on 1 April 1998 · Citation: 1998 1 CPC 577 : 1998 2 CLT 110 : 1998 2 CPR 411 : 1998 3 CPJ 406

HON’BLE JUDGES
J.B.Garg , Sada Nand , P.Ojha J.
RESULT
Appeal disposed of with modifications
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Judgment

2 paragraphs · 340 words
1.

SHRI K.L. Malhotra of Panchkula was driving his Maruti Van No. CHK-9784 on 9.2.1991 when it was suddenly hit by a truck at Nahan in Himachal Pradesh. There was damage to the vehicle and it was got repaired through Pasco Automobiles, Chandigarh. The complainant paid a sum of Rs. 37,557.27 for the aforesaid repairs to Pasco Automobiles. The District Forum, Chandigarh, ordered payment of Rs. 34,519.27 together with interest @ 12% p.a. and damages of Rs. 5,000/- were allowed against Pasco Automobiles, respondent No. 2. Besides this cost Rs. 550/- was also awarded to the complainant and it was payable by Insurance Company, respondent No. 1. Aggrieved against it, the Oriental Insurance Company has attempted the present appeal.

2.

SHRI Sanjiv Bhalla acted as a Surveyor. The Maruti Van was April, 1989 model. The occurrence did take place on 9.2.1991 and the report of the Surveyor shows that after adjustment of salvage the loss was in the sum of Rs. 19,268/-. May be that the complainant has paid more than the estimate at the time the vehicle was delivered by the Service Division of Pasco Automobiles but the entire payment made by SHRI K.L. Malhotra cannot be fastened on the Insurance Company. In the circumstance of the case we partly accept the appeal by holding that only the sum of Rs. 19,268/- was payable by the Oriental Insurance Company. As regards Pasco Automobiles there was inordinate delay in delivering the vehicle. On several occasions when complainant went to collect the vehicle it was not found ready and imposition of Rs. 5.000/- as compensation does not call for interference. This sum shall be payable by Pasco Automobiles, Chandigarh, within one month of the pronouncement of this judgment, failing which it shall be liable to pay interest @ 18% per annum from the date of the decision of the Forum till realisation. The costs awarded against the Insurance Company are set aside in the circumstances of the case. With these modifications, the appeal stands disposed of. Appeal disposed of with modifications.