NATIONAL INSURANCE COMPANY LIMITED Vs. SANJAY MAHAJAN

JUDGEMENT

(1.) This is an appeal preferred by the opposite party Insurance Company against the order of the District Forum directing it to pay a sum of Rs.80,000/- with interest at 9% per annum from the date of order till realization.

(2.) The case of the complainant in brief is that his vehicle Toyota Qualis was insured with the appellant Insurance Company covering the period from 19.08.2005 to 18.08.2006. While so, on 12.12.2005 it met with an accident for which he submitted claim. On that a surveyor was appointed. He got his vehicle repaired by spending an amount of Rs.1,57,245/-. The appellant had unilaterally settled the claim on 4.7.2006 at Rs.42,312/- without verification and therefore, he sought Rs.1,57,245/- towards damages.

(3.) The Insurance Company resisted the case. While admitting the issuance of policy and the accident, however it alleged that one Mr. K.Vasu was appointed to conduct spot survey, who submitted his report dt. 26.12.2005. Again an independent surveyor, Mr. S. Daljit Singh, was appointed who on survey estimated the loss at Rs.44,902/-, vide report dated 10.03.2006. Meanwhile, the repairs were effected. After repairs the third surveyor Srinivas Ede was appointed who inspected the vehicle and submitted his report dated 17.3.2006. On perusal of these three survey reports, it has arrived at Rs.42,312/- which the complainant was entitled to on production of vouchers. Since the vouchers were not produced, it prayed for dismissal of the complaint.