Per Hon’ble Mr.S.R.Khanzode, Judicial Member
This appeal takes an exception to an order dated 30/11/2007 passed in consumer complaint no.57/2006, Mr.Dharamchand B. Shah V/s. The New India Assurance Co.Ltd.; passed by District Consumer Disputes Redressal Forum, Sangli. It is a case of deficiency in service on the part of appellant/ opponent/New India Assurance Co. Ltd. (herein after referred as the ‘Insurance Company’) for arbitrarily repudiating the insurance claim which arose consequent to the loss occurred due to flood. The forum as per impugned order awarded part of the claim and directed Insurance Company to pay compensation of `9,96,052/- along with interest @ 9% p.a. w.e.f. 21/09/2005 and also further awarded costs of `3,000/-. Feeling aggrieved thereby, Insurance Company preferred this appeal.
At the time of hearing of appeal both the parties in spite of notice published on the Notice Board and, an intimation given by post on 19/03/2012, preferred to remain absent. Therefore, we prefer to consider the appeal on its own merit and perused the record.
Though the insurance claim was of more amount, forum awarded claim taking into consideration the assessment made by the surveyor appointed by the Insurance Company, which was assessed at `11,06,910/- and further considering the C.A. report deducted from it an amount of `45,471/- towards the value of medicine stock which was expired and also deducted an amount of `25,387/- towards the excess valuation of the damaged stock. Thus, the forum even conceded to the C.A. report to that extent and, thus, the compensation awarded, supra, is based upon the valuation of the damaged stock as per the valuation done by the surveyor of the Insurance Company. Further, deductions were made as stated above referring to the C.A. report. We find ourselves in agreement with the reasoning given by the forum while awarding the compensation as per impugned order. There is no reason to take a different view than what has been taken by the forum. Hence finding the appeal devoid of any substance, we pass the following order:-
ORDER
Appeal stands dismissed.
In the given circumstances both the parties to bear their own costs.
Copies of the order be furnished to the parties.
Pronounced on 10th July, 2012.
