Oriental Insurance Company Ltd. vs DAMODAR PRADHAN

THE appellant Insurance Company is before this Forum challenging the impugned order dated 31.5.1995 of the District Forum, Bargarh directing the Insurance Company to pay a sum of Rs. 1,52,758.84 to the complainant towards the insurance amount of the Maruti Omni Van bearing No. MP-23-B-6181 which was admittedly insured for Rs. 1,60,000/- with the present appellant and the insurance policy was valid as on 24.4.1993 when the said vehicle met with an accident against a truck bearing No. ORD-8751 at Dholpur under Motonga P.S. It is the complainant''s case that the claim was lodged with the present appellant on the basis of the estimate given by the Maruti Automobile, Raipur which was to the tune of Rs. 1,52,758.84 p. vide the xerox copy of the document of the said Company dated 29.5.1993. When the matter came up before the District Forum, the Insurance Company contested the case by filing the written version. THE District Forum on going through the documents on record awarded a sum of Rs. 1,52,758.84 p. which is challenged before this Commission.

MR. Ray, the learned Counsel for the Insurance Company has strenuously urged that the judgment is contrary to the materials on record and in fact the Insurance Company would be maximum liable to pay a sum of Rs. 1,10,000/- which has already been paid to the complainant and the assessment and appreciation of the materials on record by the District Forum is not correct. Our attention is however drawn to the assessment of loss made by one MR. Bhatia, the Surveyor engaged by the Insurance Company. On going through the said assessment of loss we find the Surveyor assessed the loss holding the loss on repairing basis as Rs. 1,33,810/- and it is also mentioned in the said estimate that the assessment has been worked out without dismantling the vehicle. MR. Ray submits that unless the vehicle is dismantled it could not have been possible on the part of the Surveyor to assess the exact loss. We are unable to accept the submission of MR. Ray for the simple reason that once the work of assessment is given to an approved Surveyor, his assessment of loss even without dismantling should not always be considered to be erroneous. It is legitimate for us to hold that the Insurance Company should not go back to take the stand that this assessment was wrong. We have thought it appropriate that the amount of Rs. 1,33,810/- has been rightly assessed. The District Forum order is accordingly modified to that extent. It is strenuously urged by the learned Counsel for the complainant that it is after long lapse of time, the Insurance Company paid the amount of Rs. 1,10,000/- and, therefore, that itself amounted to deficiency in service. Having considered all aspects of the case, we have thought it appropriate to allow cost of Rs. 3,000/- against the appellant. We accordingly confirm the judgment of the District Forum with the above modification. We make it clear that the complainant would be liable to deliver back the salvaged/damaged parts of the vehicle in question to the Insurance Company. The entire exercise be done within a period of four weeks from the date of communication of this order. Appeal dismissed. No cost. Appeal dismissed.