A.K.ANNAMALAI, J. - (1.) The opposite party is the appellant.
(2.) The 1st complainant having Matiz Car bearing Registration No.TN-M-39-Q-6422 insured the same with the opposite party for the period from 18.10.05 to 17.10.06. On 3.7.06, the vehicle met with an accident by collusion with another vehicle and the car damaged badly. After reporting the accident the surveyor inspected the accident spot and assessed the damage. The car was left for service to the authorized service centre and the surveyor after final assessment recommended for the settlement of Rs.1,85,500/- on salvage loss and thereby the opposite party insisted for acceptance letter to that offer and the complainant agreed for the same. Till 18.10.06 the opposite party was ready to settle the claim, but suddenly on 23.10.06 without any reason refusing to accept the consent letter and deputing another surveyor to settle the claim on repair basis in order to get report of their choice. Hence the complainant filed the complaint claiming for a sum of Rs.1,82,000/- as final settlement along with 18% interest from 18.9.06 and payment of entire demurrage charges and Rs.25,000/- as compensation for mental agony and hardship and for costs.
(3.) The opposite party denied the allegations as the amount assessed by the surveyor was to be settled on the basis of terms and conditions of the policy and assessment made by the complainant himself is not acceptable and he cannot insist for total loss of basis claim. There was no agreement for settlement of Rs.1,82,500/- and the complaint to be dismissed. The District Forum after an enquiry allowed the complaint by directing the opposite party to pay a sum of Rs.1,82,000/- with 9% interest from 14.11.06 and Rs.10,000/- as compensation and Rs.1,000/- as costs.;