SHYAM LAL JAYASWAL Vs. BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED
LAWS(SC)-2020-1-128
SUPREME COURT OF INDIA
Decided on January 08,2020

Shyam Lal Jayaswal Appellant
VERSUS
Branch Manager, Oriental Insurance Company Limited Respondents

JUDGEMENT

- (1.)Leave granted.
(2.)These appeals arise from an order of the National Consumer Disputes Redressal Commission (NCDRC) dated 6 November 2018. The appellant is the owner of a Tata Safari vehicle bearing registration number CG-15C-7777. The vehicle was insured with the respondent for the period 29 March 2012 to 28 March 2013. The vehicle met with an accident on 2 June 2012. An intimation was furnished to the respondents on 4 June 2012. On 5 June 2012, the claim was submitted to the respondent. The appellant received an estimate for repair of the vehicle in the amount of Rs 5,66,769. A surveyor was appointed by the respondents who submitted a report on 5 November 2012. The surveyor estimated the Insured Declared Value at Rs 5,00,000, though according to the appellant, the value for the purpose of the contract of insurance was determined at Rs 6,00,000. The appellant filed a claim before the District Consumer Disputes Redressal Forum, Ambikapur, Sarguja, Chhattisgarh. The respondents contested the claim. The claim was allowed on 12 November 2014 in the amount of Rs 5,38,000, together with interest at the rate of 6% per annum, from 21 March 2013.
(3.)Appeals were filed both by the appellant and the respondents before the State Consumer Disputes Redressal Commission (SCDRC) . The SCDRC, by its order dated 22 July 2015, partly allowed the appeal filed by the respondents by reducing the amount awarded to Rs 4,99,000, together with interest at the rate of 6% per annum. Aggrieved by the order of the SCDRC, the appellant moved the NCDRC in revision. The NCDRC, by its order dated 6 November 2018 reduced the claim awarded from Rs 4,99,000 to Rs 3,81,031.
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