CHAINSUKH PARAKH Vs. DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD.
LAWS(CHHCDRC)-2013-1-6
CHHATISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 10,2013

Chainsukh Parakh Appellant
VERSUS
DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD. Respondents

JUDGEMENT

S.C.VYAS,PRESIDENT - (1.) THIS appeal is directed against order dated 26.3.2012 of District Consumer Disputes Redressal Forum, Dhamtari (CG.), (hereinafter called œDistrict Forum  for short) in Complaint Case No.25/2011  whereby the complaint of the appellant herein, has been partly allowed and respondent/Insurance Company has been directed to pay Rs.29,535, if discharge voucher after signing, is sent by the complainant to it. It has further been directed by the District Forum that repairing bill alongwith supplementary estimates of the insured vehicle, be sent back by the Insurance Company to the surveyor for reassessment, so that actual damages payable by the Insurance Company, can be assessed.
(2.) THE grievance of the appellant/complaint before us is only this that after passing of the impugned order, the amount of Rs.29,535, has been paid by the respondent/Insurance Company, but as no interest was awarded by the District Forum on this amount, so no interest has been paid by the respondent/Insurance Company. It has also been contended that as respondent/Insurance Company, has not preferred any appeal before us against the impugned order, therefore it is required to reassess the claim of the appellant/complainant on the basis of bills of the repairer, which was authorized service centre of Hyundai Motors.
(3.) AS respondent/Insurance Company has not preferred any appeal against the impugned order before us, therefore, so far as other directions passed by the District Forum in impugned order are concerned, no further finding is required to be given on those directions, but so far as the amount of Rs.29,535 is concerned, it appears that report of the surveyor was received by the respondent/Insurance Company on 9.7.2009 and thereafter no amount was paid by the respondent/Insurance Company to the insured for next about 2 and half years. After passing of the impugned order, the amount as assessed by the surveyor, has been paid by the respondent/Insurance Company to the appellant/complainant. As for a long time, no amount has been paid by the respondent/Insurance Company to the appellant/complainant, so District Forum was required to award interest at a reasonable rate on the payable amount.;


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