Dtd.28.05.2024                                            A/647/2017

O R D E R

        BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.25.10.2016 passed in CC/126/2015 on the file of Chikkamagalauru District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.

3. The District Forum awarded Rs.53,850/- towards own damage claim pertaining to the vehicle bearing no.KA13 A7243 and awarded Rs.10,000/- towards compensation and Rs.2,000/- towards litigation cost. Further directed to pay award amount within 30 days or else to pay interest at 9% p.a. from the date of complaint till realisation. It is this order is assailed in this appeal Complainant had preferred this appeal seeking enhancement of the compensation.

4. We examined Ex-P7/bills-spare parts purchased-repair bill for Rs.1,17,358/- and this was issued followed by Ex-P6/quotation-estimation. It is not in dispute that, Complainant has insured his vehicle under ‘Motor Policy Schedule cum Certificate of Insurance’ and the IDV is Rs.4,80,510/- and the period of insurance commencing from 01.12.2012 to 30.11.2013. According to the Complainant/Appellant, District Forum has failed to record sound reasons to discard Ex-P7/bills and awarded only as assessed by the surveyor of Rs.53,850/-. Learned counsel for insurer/Respondents placed decision reported in 2010 AIR SCW 6490 that as to how survey report has to be appreciated and placed decision of this Commission dtd.11.08.2006 in A/330/2005, wherein held “After going through the report we are satisfied that the loss assessed by the surveyor is just and reasonable. Therefore in our view the DF was not right in awarding a sum of Rs.1,61,377/- as compensation even though the Complainant failed to prove that he had spent the said amount in order to get the vehicle repaired relating to the damage caused in the accident.” Even in this case, on facts, the District Forum has rightly recorded that Complainant has failed to prove that he had spent Rs.1,17,358/-. In such circumstances, we do not find any grounds much less the grounds set out in the appeal memo to interfere in the impugned order. Hence proceed to dismiss the appeal with no order as to cost.
5. Return the LCR to the District Commission.
6. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*