Senior Divisional Manager, National Insurance Co. Ltd. vs BRIJMOHAN RATHI

BOTH sides are present through their respective Counsels. The appeal is directed against the order of the Forum dated 31.8.1998 allowing the claim of the complainant for damages and compensation. By the impugned judgment the Forum passed an award for a sum of Rs. 43,000/- with a direction to pay the amount together with interest @ 18% per annum from 8.10.1993. There was further direction for payment of compensation of Rs. 5,000/-.

FEW admitted facts may be noticed. The truck of the complainant was insured with the opposite party. It met with an accident on 18.8.1993 resulting in damage to the vehicle. A Surveyor was appointed whose name was S. Mitra who assessed the damage at Rs. 43,000/- on 23.8.1993. Being suspicious about the report of the said Surveyor one Pradip Kr. Saha said to be an Inspector of the Insurance Company was deputed to make the second survey. Thereafter a survey was again undertaken by Mr. Goutam Basu at the instance of the Insurance Company who assessed damage at Rs. 19,950/-. This report of Mr. Basu was the basis for disallowing the claim of the complainant in full. Learned Counsel appearing for the respondent submits that the Insurance Company is not entitled to go on appointing Surveyors till a favourable report is given. Learned Counsel for the appellant submits that the Insurance Company is within its right to appoint successive Surveyors to assess the damage. Even assuming that the Insurance Company enjoys such power it may be mentioned that there should be allegation of collusion between the first Surveyor and the insured and there must be an objection to the assessment, and rejection of the report of the first Surveyor. Here in this case no such objective and impartial consideration of the report of the first Surveyor was not made. At least the records do not bear this out. There are no cogent materials to reject the report of the first Surveyor who was admittedly appointed by the Insurance Company and the survey was done in presence of the complainant. We do not get the report of the Inspector of the Insurance Company raising suspicion about the report of the first Surveyor. The third Surveyor Mr. Goutam Basu has however, assessed the damage for an amount far lower than what was assessed by the first Surveyor. It appears that the matter was gone into in depth by the Forum, and by an elaborate order the Forum allowed the claim of the complainant for Rs. 43,000/- on the basis of the report of the first Surveyor. We have considered every aspect of the matter and find nothing wrong in it so as to disturb the order. It appears that the accident occurred in August, 1993 and the claim still remains unsettled. The Forum has allowed interest on the award money @ 18% per annum from 8.10.1993 till realisation. We consider it just and proper to reduce the rate of interest from 18% to 12%. As regards the amount of compensation we also reduce the sum to Rs. 2,000/-. In consideration of the fact that the claim remained unsatisfied for the last 7 years. With these modifications the order of the Forum is confirmed and the appeal be disposed of. Appeal disposed of.