ORIENTAL INSURANCE CO. LTD. Vs. SUBHASH SAKHAHARI PACHBHAI

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner against order dated 6.9.2013 passed by Learned State Commission in FA No. 74 of 2013 Branch Manager, The Oriental Insurance Co. Ltd. VS. Subhash Sakhahari Pachbhai, by which while dismissing appeal, order of the District Forum alongwith complaint was upheld.

(2.) Brief facts of the case are that Complainant- Respondent obtained insurance of his truck bearing No. MH-18M-3676 from Opposite Party-Petitioner for a period of one year from 11.9.2009 to 10.9.2010 for IDV of Rs. 4,50,000/-. On 27.4.2010, truck met with an accident and was damaged totally. Intimation was given to Opposite Party and Opposite Party asked Complainant to repair the truck. Complainant informed Opposite Party that due to financial inability he cannot get the truck repaired and requested for settlement of the claim. As claim was not settled, alleging deficiency on the part of Opposite Party, Complainant filed complaint before District Forum. Opposite Party resisted complaint and submitted that Complainant is claiming Rs. 8,41,896/- whereas IDV was for Rs. 4,50,000/-. It was further submitted that surveyor assessed loss to the tune of Rs. 1,60,000/- and Complainant was asked to accept Rs. 1,30,000/- as full and final settlement, but, as the amount was not accepted, prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed the complaint and directed Opposite Party to pay Rs. 3,02,608/- with 9% p.a. interest. Appeal filed by Opposite Party was dismissed by Learned State Commission vide impugned order against which this Revision Petition has been filed.

(3.) Heard Learned Counsel for the parties finally at admission stage and perused the record.