UNITED INDIA INSURANCE CO LTD Vs. RAJESH KUMAR AMRATLAL BRAHMABHATT

JUDGEMENT

(1.) That the complainant filed a complaint before the District Forum against the appellant Insurance Company claiming Rs.12,063/- differences of damage suffered to his truck which was insured with the opposite party. There was no dispute that there was an accident and the complainant suffered damages. He claimed Rs.48,432/- as damages. There was some negotiation between the respondent and appellant and the Insurance Company paid Rs.36,369/- as full and final settlement of the claim of the respondent-Company. Subsequently the complainant sent the receipt of the said amount under protest. However according to Mr. Mehta the original receipt which has been given by the comlainant and produced before the District Forum was a receipt for full and final settlement without any protest. According to Mr. Mehta subsequent change made by the complainant without the concurrence of the Insurance Company and which was a duplicate receipt has no relevance in the eye of law.

(2.) After accepting the said amount which was paid by the Company on the basis of full and final settlement, on the ground that amount has been reduced by the Insurance Company without any reason the complainant filed his complaint for recovery of difference of amount Rs.12,063/-. The District Forum accepted the claim of the complainant and passed an order directing the Insurance Company to pay Rs.12,063/- the difference with 12% interest and cost.

(3.) Being aggrieved by this judgment the Insurance Company has filed this Appeal.