Decided on December 28,2010

Dewla Dhurwe Appellant
Royal Sundaram Allianz Insurance Company Ltd Respondents


- (1.)THIS appeal is directed against order dated 15.9.2010 of District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in Complaint Case No.459/2009, whereby it was held that the Insurance Company has paid the amount of compensation, as per the report of the Surveyor and in case the amount is not paid, then the complainant /appellant would be entitled to get the same amount along with interest w.e.f. 26.11.2009. As no rate of interest was specified in the order nor any amount was awarded, as compensation for mental agony, therefore this appeal has been preferred by the complainant.
(2.)AVOIDING unnecessary details, briefly stated, the facts of the case are that vehicle bearing No. C.G. 04 H 0779 of the registered ownership of the complainant, was insured by the respondent Insurance Company, which suffered a road accident on 9.2.2009 and was repaired on expenditure of Rs. 11,186. A claim was preferred by the complainant before the Insurance Company. When no amount was paid by the Insurance Company, then complaint was filed before the District Forum. In reply of such complaint, the Insurance Company averred that it has appointed a Surveyor to assess the loss and the Surveyor had assessed liability of the Insurance Company to the extent of Rs. 8,166 and, therefore, liability of the Insurance Company is restricted to that amount. The complaint has been unnecessarily filed, as the amount was already received by the complainant and now challenge has been made to the quantum of amount of compensation.
(3.)LEARNED District Forum agreed with the contentions of the respondent that the liability of the Insurance Company, is only up to the amount assessed by the Surveyor, but for want of specific proof, it could not be ascertained definitely, whether that amount was paid or not and therefore, the impugned order was passed.
During the course of hearing before us, learned Counsel for the respondent Insurance Company has very frankly conceded that the cheque of the amount assessed by the Surveyor, could not be delivered to the complainant, as rate of interest was not specified by the District Forum. The cheque is still ready with the Counsel for the respondent and he is prepared to deliver the cheque to the complainant.

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