United India Insurance Company Ltd. vs RAVINDRA BAHADUR SINGH

THIS is an appeal against the judgment and order dated 21.1.1999 passed by District Consumer Forum, Sultanpur in Complaint Case No. 252 of 1997. Briefly stated the facts of the case are that the complainant is owner of Tractor No. UP-44A/5527 which he purchased for a sum of Rs. 1,77,136/-, from opposite party No. 1. It was got insured with United India Insurance Company. The insurance was valid from 18.7.1996 to 17.7.1997. The tractor met with an accident on 22.1.1997 and badly damaged for which information was given to the Insurance Company, Bank as well as to the seller on 23.1.1997. A Surveyor was appointed by the Insurance Company who visited the spot on 24.1.1997. The tractor was carried to the workshop on 25.1.1997 where it was found that tractor is not repairable. The opposite parties 1 and 2 promised for giving new tractor in place of it but nothing was done. The complainant sent notice to the opposite parties but to no avail. Hence this complaint was filed.

THE Insurance Company in its written version admitted the insurance and also admitted appointment of Surveyor. It is alleged that the Surveyor after talking with authorised dealer of opposite party No. 2 found that the tractor can be repaired. THE complainant was ready for getting the tractor repaired. THE Insurance Company has not committed any deficiency in service. The parties led evidence before the District Forum who after considering the facts of the case came to the conclusion that there was deficiency on behalf of the Insurance Company and decreed a claim of Rs. 1,76,500/- alongwith interest @ 12% p.a. to be paid within a period of 30 days. The District Forum has further ordered that if the payment is not made within 30 days then rate of interest will be 18% p.a. The complainant has also been allowed Rs. 2,250/- for carrying the tractor to workshop.

Aggrieved against this judgment and order the Insurance Company has come in appeal.

WE have heard the Counsels for the parties. The only dispute involved in this case is whether the tractor is repairable or not. According to the complainant the tractor is not repairable. The tractor was taken to the workshop of the dealer. At the instance of the parties a report was obtained from the dealer as to whether the tractor can be repaired or not. Copy of the report goes to show that the tractor cannot be repaired. Offer was given to the learned Counsel for the appellant by this Commission that if the tractor can be repaired, it may be got done. The learned Counsel replied that the tractor cannot be repaired. Therefore, the finding of the District Forum that the tractor cannot be repaired is perfectly correct. The learned Counsel for the appellant as argued that the salvage should be returned to the appellant. We are in agreement with the same. The payment of the amount will be made by the Insurance Company on return of the salvage by the complainant. The appeal is thus liable to be dismissed. ORDER The appeal is dismissed. The judgment and order passed by District Consumer Forum are confirmed. The appellant shall pay a sum of Rs. 2,000/- to the respondent towards cost. Let compliance of the order be made within two months from the date of this order. The complainant is directed to return the salvage to the Insurance Company before taking the payment. Let copy as per rules be made available to the parties. Appeal dismissed.