POPULAR HOSIERY MILLS Vs. NEW INDIA ASSURANCE COMPANY LTD.

JUDGEMENT

(1.) APPELLANT insured his car with the respondent against covering the risk of damage due to accident or theft. Admittedly, during the subsistence of the policy, the vehicle was attacked by several unknown persons who had tried hitting the vehicle with their car and in the process the vehicle was badly damaged as many as 20 bullets were fired. As per the estimate of the appellant the cost of the repair was Rs. 1,19,075 whereas the Surveyor has assessed the loss to the tune of Rs. 64,539. Consequently, the appellant filed the instant complaint before the District Forum for payment of the balance amount.

(2.) VIDE impugned order dated 8.1.2004, the District Forum dismissed the complaint on the ground that no convincing evidence was produced by the appellant to show the actual repair was of Rs. 1,19,075 which seems to be exaggerated. Feeling aggrieved, the appellant has preferred this appeal.

(3.) THE main premise on which the appellant raised his case is the report of the Surveyor in respect of the old tyres, old stereo and old seats having been replaced by new one. However, the Surveyor questioned the veracity of one of the bills for the amount of Rs. 31,849 pertaining to the replacement of front seats, rear seat and left seat.