UNITED INDIA INSURANCE CO.LTD vs VIRENDRA KUMAR PRAKASH RAJ MODI

THIS appeal has been filed by United India Insurance Co. Ltd. against the order of the District Forum, Sirohi dated 12.10.92 awarding a sum of Rs. 7,011/- to the complainant alongwith interest at 18% p.a. on the said amount w.e.f. 14.9.92 till payment and Rs. 250/- as costs.

THE complainant-respondent had filed a complaint on 14.9.92 before the District Forum, Sirohi alleging that his car bearing registration number RJ 24/T 0003, which was a taxi, was insured with the appellant in respect of the period from 24.2.91 to 23.2.92. This car taxi met with an accident on 29.8.91 and the complainant informed about the accident to the appellant on the next day. It was alleged that the appellant appointed two Surveyors to assess the loss. THE first Surveyor Sh. Sampat Luniya made a spot survey on 30.8.91 and the second Surveyor Sh. Omprakash Sharda made the final survey on 23rd and 24th October, 1991 and he assessed the loss. It was alleged that the complainant was told regarding payment of Rs. 39,859/- net to him. However, the payment was not made despite repeated demands. THE complainant, therefore, filed the complaint claiming Rs. 39,859/- alongwith 20% p.a. as interest, Rs. 500/- as travelling charges and Rs. 5,000/- as further compensation for mental distress and agony. It appears from the record of the District Forum that the District Forum ordered the complaint to be registered on 14.9.92 and directed that notices to be issued to the appellant returnable on 30.9.92. On 30.9.92 the President of the District Forum was on leave and the matter was ordered to be put up on 7.10.92. It was found by the District Forum that the opposite party-appellant had been served on 29.9.92 and despite service, none was present on behalf of the opposite party-appellant. The Counsel for the complainant wanted time to argue the matter and the complaint was adjourned to 12.10.92. On that date complainant''s Counsel was heard and the complaint was decided on that very day.

It would appear from the order of the District Forum that during the course of arguments before the District Forum, the Counsel for the complainant made a statement before the District Forum that after presentation of the complaint, the opposite party-appellant had paid to the complainant an amount of Rs. 32,848/-. It was thus stated that the complainant had been paid an amount of Rs. 7,011/- as less than the claim made by the complainant. The District Forum without recording any finding that the complainant had proved the loss to the extent of Rs. 39,859/-, passed an order directing the opposite party-appellant to pay the amount of Rs. 7,011/- to the complainant alongwith interest at 18% p.a. w.e.f. 14.9.92 and Rs. 250/- as costs.

IT is an admitted position that the opposite party-appellant had paid the amount of Rs. 32,848/- to the complainant after filing of the complaint. If the complainant''s case was that he was paid less than the loss suffered by him and that his full claim for Rs. 39,859/- should have been accepted by the appellant, the complainant was to adduce evidence before the District Forum to prove the Joss. IT is note-worthy that the complainant had not even filed his own affidavit in support of the complaint. He had not pleaded as to who told him that the payment of Rs. 39,859/- would be made. No documentary evidence whatsoever was filed to prove the loss. There is only one document dated 20.7.92 addressed by the complainant to the Branch Manager of the United India Insurance Co. and in this document, the estimated loss is only shown as Rs. 28,551 /-. Without, therefore, there being any evidence worth the name on the record to prove the extent of the loss due to the accident as Rs. 39,859/- the District Forum, Sirohi was utterly wrong in passing the order for payment of Rs. 7,011/- by the appellant to the complainant with interest. This appeal is, therefore, allowed and the order of the District Forum, Sirohi dated 12.10.92 is hereby set aside. The parties are left to bear their own costs. If the payment of any amount in pursuance of the order of the District Forum, Sirohi dated 12.10.92 has been made by the appellant to the complainant, the same will be returned to the appellant within one month. Appeal allowed.