(1.) SINCE these appeals have arisen out of the order passed by District Forum, Shimla, in Complaint No.27/2005 on 13.3.2007, as such they were heard together and are being disposed of by this common order.
(2.) ADMITTED facts giving rise to these appeals are that Shri Hardayal Singh Negi, hereinafter referred to as the complainant, got his vehicle bearing Registration No.HP -26 -0168 insured with the respondents in the sum of Rs.7,50,000/ -. It met with accident on 21.12.2001 during the validity of the Insurance policy. Shri R.S. Gill was deputed as Surveyor to assess the loss. When the claim was not settled, the complainant filed a complaint in this Commission against the Oriental Insurance Co. Ltd. and its Branch Manager at Parwanoo, to be hereinafter referred to as the Opposite Parties (OPs) Nos. 1 and 2 respectively. During the course of proceedings in this complaint, it was pleaded by the OPs that they were ready and willing to settle the claim in the sum of Rs.2,92,190/ - as full and final payment on deposit of salvage and requisite documents. This was registered as Complaint No.7 of 2002. Order passed on 22.11.2002 in this complaint by this Commission was to the following effect: -
"22.11.2002 Present: Mr. Bipin Negi, Advocate,
for the complainant.
Mr. Sunil Mohan Goel, Advocate vice
Mr. Ashwani Kumar Sharma, Advocate,
For the opposite party.
- - -
Today, it has been pointed out by the learned Counsel for the complainant that as per the averments in para -7 of the reply to the complaint, the opposite party -Insurance Company is willing to settle the claim on full and final basis for an amount of Rs.2,92,190/ - (as per Surveyor s report) in case proper repair bills/cash memos are furnished by the complainant and salvage is deposited. The learned Counsel for the complainant says that in view of this averment in the reply, the complaint is not pressed at this stage, while at the same time, reserving the right of the complainant to pursue the remedy regarding his full claim for indemnification against the opposite party -insurance Company before the appropriate Forum/Court. We accordingly dispose of the complaint with liberty reserved to the complainant to avail of his remedy regarding his full claim for indemnification against the opposite party -Insurance Company before the appropriate Forum/Court. We further direct the opposite party to comply with its own offer as referred to above on complainant depositing the salvage within six weeks, the complainant also is directed o furnish the repair bills/cash memos. as also to take steps regarding salvage within the above period. The complaint is disposed of accordingly
(3.) IT appears that when his claim was not settled, the complainant filed Execution Petition No.3 of 2003 for executing the order passed in Original Complaint No.7 of 2002,. Operative portion of the order passed in this execution petition was to the following effect: -
"It is clear from the above statement of pleadings in the present execution petition that both the parties are at issue as regards the compliance of our order dated 22.11.2002 and consequently disputed questions of fact arise herein. In these circumstances, it is not possible to ensure compliance/execution of the said order by way of the present proceedings. In other words, the present execution is incapable of being decided in favour of the complainant. The case is disposed of accordingly with liberty reserved to him to avail of his remedy, if any, before the appropriate Forum/Court, including filing of a fresh complaint, if the circumstances so justify and in case it is maintainable under the law .
After passing of the order in the complaint by this Commission, and before disposal of the execution, it is clearly made out from Annexure P.2. the letter dated 31.3.2003, issued by the OP No.2 to the complainant that bills, cash memos, salvage etc. had been submitted by the complainant. The contents of this letter are to the following effect: -
"THE ORIENTAL INSURANCE COMPANY LIMITED KASAULI ROAD, SECTOR -2, PARWANOO (H.P.)
(PHONE 01792 232366/232367)
REGD.AD REMINDER -i
SH. HARDYAL SINGH NEGI, March 31, 2003
S/O SH. SHER RAM NEGI, VILL. and P.O. PONDA,
VIA: BHABANAGAR, THE: NICHAR, DISTRICT KINNAUR (H.P).
REG: CLAIM NO.31/02/00194, VEH.NO.HP -26 -0168 A/c YOURSELF.
Kindly refer to our previous letter dated 26/12/2002 and 24/01/2003 and your letter dated 24.01.2003 and subsequent submission of bills, cash memo and salvage by you as per our letter dt. 24.01.2003. The Company has deputed Mr. R.S. Gill as per your letter dated 24/01/2003 for giving his observation for repair as requested by you.
The surveyor has submitted his inspection report dated 21/02/2003 and re -assessment report dated 27.03.2003 and according to his report and bills submitted by you, the nett amount payable comes to Rs.1,44,391.00.
You are therefore requested to provide us the following to enable us to proceed further in the matter: -
1. Discharge voucher duly stamped and signed by you and countersigned by financers i.e. M/s ILD Kalka.
2. No Third Party loss undertaking (attached).
CC: - M/s India Lease Devl. Ltd., Kalka for information .;