NATIONAL INSURANCE COMPANY LIMITED Vs. KAPIL THAKUR SON OF BALBIR THAKUR
LAWS(HPCDRC)-2010-5-7
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 04,2010

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Kapil Thakur Son Of Balbir Thakur Respondents

JUDGEMENT

- (1.) DURING pendency of Consumer Complaint No.57/2007, decided on 17.12.2008 before District Forum Sirmaur, at Nahan, on the agreed statements made by the learned counsel for the parties on 17.12.2008 for disposing of the complaint. Learned counsel for the respondent informed the Court that in case amount of Rs.1,98,729.39 is awarded in his client s favour alongwith interest and litigation costs, the matter could be resolved and he has instructions from his client to make this statement. On the other hand, on behalf of appellant, statement made on this date was that the appellant company is prepared to pay the claim on cash loss basis , as assessed by Surveyor Shri Ravi Kumar Gupta as per his survey report dated 30.06.2007 and learned counsel had instructions to make such statement.
(2.) THEREAFTER District Forum below allowed the complaint, and directed the appellant to pay a sum of Rs.1,98,728.39 without deducting VAT alongwith interest @ 9% per annum from the date of filing of complaint, i.e. 10.05.2007 till making full payment of this amount. Parties were left to bear their own cost. Appellant was directed to pay this amount to the respondent within 45 days of receipt of copy of said order. Hence this appeal.
(3.) BEFORE dealing with the facts and contentions urged for and against in this appeal, reference needs to be made to the report of Surveyor Shri Ravi Kumar Gupta, annexure OP -3. He has assessed the total cost of parts after depreciation at Rs.1,98,728.39 on cash loss basis . Thereafter he deducted VAT, labour, 27% for cash loss, salvage value, as well as less clause and finally came to the conclusion, that sum of Rs.1,26,121/ - is payable. In the light of these facts, Mr. Thakur, learned counsel for the appellant submitted that statement made on behalf of his client was for payment of Rs.1,26,121/ - on cash loss basis as per annexure OP -3, and District Forum below could not have settled the matter by allowing Rs.1,98,728.39 as claimed by the respondent.;


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