BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION ATHYDERABAD.

F.A.No.844/2010 against C.C.No.507/2007, Dist. Forum,Guntur

Between:

1. M/s.Jayalakshmi Motors

   Rajahmundry.                                                                                                  And

1. The Oriental Insurance Company Ltd.,

   Asaf Ali Road,

   New Delhi.

2. The Oriental Insurance Company Ltd.,

    stChirala Road,

Counsel for the Appellant                   

Counsel for the Respondent      

                                               QUORUM: THE HON’BLE JUSTICE SRI D.APPA RAO, PRESIDENT

AND

SMT.M.SHREESHA, MEMBER.

WEDNESAY, THE EIGHTEENTH DAY OF JANUARY,

TWO THOUSAND TWELVE

( Typed to the dictation of Smt.M.Shreesha Hon’ble Member )
                                                                

Aggrieved by the order in C.C.No.507/2007 on the file of District Forum,Guntur, the complainant preferred this appeal.

The brief facts as set out in the complaint are that the complainant is the owner of 2004 model Scorpio and insured the same with the opposite parties for the period from 13-12-2004 to 12-12-2005. nd Guntur.      together with costs of Rs.10,000/-.

Second opposite party filed its version which was adopted by opposite party No.1 denying the allegations made in the complaint. Opposite party No.2 submitted that they made thorough enquiry and settled the claim at Rs.64,500/- basing on the report of the surveyor and other material available with them and the said fact was intimated to the complainant on 30-12-2005 and submitted that there is no deficiency in service on their part.  Guntur   

Based on the evidence adduced i.e. Exs.A1 to A5 and B1 and B2 and the pleadings put forward, the District Forum directed the opposite parties to pay an amount of Rs.90,803.45 ps. to the complainant with interest at 9% p.a. from 19-7-2005 till the date of realization together with costs of Rs.2,000/-.

Aggrieved by the said order, the complainant preferred this appeal.  

The facts not in dispute are that the appellant/complainant has taken an insurance policy for his private car, Mahindra Scorpia, the policy period being 13-12-2004 to 12-12-2005 for a total sum assured of Rs.5,30,000/- evidenced under Ex.A1.        , reported in

‘We also like to observe that under Section 64 UM of the Insurance

Act, if the insurance company is not satisfied with the assessment of

loss made by an approved surveyor then they can request the IRDA for appointment of another surveyor whose report would have processed by the ‘Authority’ and then direction was to be given by them to insurer to pay a given amount. 

Even in the instant case though the first surveyor gave his report on 19-7-2005 another surveyor was appointed on 10-8-2005 without assigning any substantial reasons.    

Sd/-PRESIDENT.

                                                               JM