DASARI APPA RAO Vs. BRANCH MANAGER UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Being not satisfied with the quantum of compensation awarded by the District Forum II, Visakhapatnam in C. D 673/2004, this appeal is filed claiming enhancement of compensation as claimed.

(2.) The facts of the case disclose that the complainant purchased a Peugeot Car bearing No. AP 50 1407 of 1998 Model ( diesel) which was insured from time to time. Policy bearing No. 150303/31/02761 along with Transfer Endorsement was obtained by the complainant and the insurance was valid during the period from 08.10.2002 to 26.08.2003. while so, on 21.08.2003 the said vehicle was taken by one Ganta Rajendra Prasad to go to his Garden. When the said vehicle reached garden at 6.45 PM, the said person found that smell was emanating from the car. So he opened the bonnet and rushed to the water tank to control the smoke. He also informed to the Fire Station, Yelamanchili and then contacted the Village Administrative officer. In the mean while, police came to the spot but the entire vehicle was caught fire and resulting in extensive damage to the vehicle. Police registered a case and referred the case as mistake of fact . After obtaining necessary certificate from the Fire Officer for the fire accident, he applied to the opposite party furnishing relevant documents for settling the insurance claim. A surveyor was appointed but no action was taken. The complainant was vexed with the attitude of the opposite party and he was forced to give a consent letter on 21.10.2003 so that he will receive payment within short time. By mis-representation the opposite party obtained his consent letter yet they have not settled the claim. Hence the opposite parties are attributed with deficiency in service.

(3.) The opposite parties 1 and 2 resisted the claim though admitted that the policy was issued and that it was transferred in the name of the complainant, so also, its validity. The other allegations are denied. It is stated that an independent surveyor was appointed who assessed the loss to a tune of Rs.1,34,000/-. Motor surveyor also gave true value of the insured car which is fixed at Rs.1,15,000/-. After elaborate work outs and considering the pros and cons the claim was fixed to a tune of Rs.99,000/-. The OP 1 has given no claim bonus while renewing the policy of the said vehicle which is to a tune of Rs.10,029/- which was administrative mistake. So the said amount to be recovered from the complainant and after deduction of the said amount, the complainant is entitled to assessment of loss at Rs.88,971/-. The discharge voucher was sent to the complainant on 26.08.2004 requesting him to return the same duly signed. Though it was received by the complainant he kept quiet. The claim was processed as per the terms and conditions of the policy but he has not come forward and willing to settle the claim and thereby prayed to dismiss the complaint.