S.C.VYAS,PRESIDENT (ORAL) - (1.) THIS is an appeal of Insurance Company who has challenged order dated 18.7.2008, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called "District Forum" for short) in Complaint Case No. 302/07, whereby the District Forum has directed the Insurance Company to pay the complainant Rs. 58,000 along with interest @ 9% p.a. from 20.10.2005, Rs. 1,000 as compensation for mental harassment and Rs. 500 as cost of litigation.
(2.) IT is not in dispute that complainant is the registered owner of vehicle No. C.G. -04 -A -8384, which was insured by the appellant herein at the relevant period, under a comprehensive policy. The vehicle was subjected to a road accident on 26.6.2005, during the period of insurance. The accident was reported to the Insurance Company and then Surveyor was appointed. The vehicle was brought to the authorized service centre of the Insurance Company and that authorized service centre provided quotation of Rs. 66,298 for repairing of the vehicle. The Insurance Company appointed Mr. Shyam Chhabra as Surveyor, who assessed the loss only to extent of Rs. 8,095 and recommended for payment of that amount, which was only assessment of labour cost. Complainant/respondent felt aggrieved and filed complaint before District Forum, which was contested by the appellant herein on the ground that the Surveyor after taking into consideration all relevant matters, has assessed the loss only to Rs. 8,095 and the company was ready to pay that amount.
(3.) LEARNED District Forum after taking into consideration the material placed before it by both parties, directed the Insurance Company to pay Rs. 58,000, as per repairing bills of the authorized service centre. Learned Counsel for the appellant submitted that District Forum has failed to give importance to the report of the Surveyor, who was a qualified and experienced person in the filed of assessment of loss and was duly licensed. He submitted that learned District Forum, without any reason has disbelieved the report of the Surveyor, wherease learned Counsel for the respondent submitted that as per the report of the Surveyor himself, the vehicle suffered extensive loss to the engine and on many parts. After dismantling, the authorized service centre, repaired the vehicle and generated bills of Rs. 58,000. Learned Counsel submitted that the District Forum has not acted upon the report of the Surveyor and passed the award on the basis of bills of repairs on cogent reasons, and by doing this no illegality has been committed.;