This appeal by the Oriental Insurance Company Limited (for short “the Insurance Company”) is directed against a common order dated 3^rd May, 2007 passed by the Delhi State Consumer Disputes Redressal Commission (for short “the State Commission”) in Appeal Nos. 297 of 2004 and 356 of 2004.  By the impugned order, while allowing the appeals preferred by the Insurance Company and the Complainant, the Respondent herein, the State Commission has directed the Insurance Company to pay to the insured a sum of Rs.3,25,000/- as total loss on account of accident of the car insured with the Insurance Company.

          The Complainant had insured his Maruti car with the Insurance Company for Rs.3,65,000/- on 11^th December, 2001.  The car met with an accident on 14^th December, 2001.  It was taken to the garage for estimation of expenditure on repairs, which was assessed at Rs.3,25,000/- by one M/s Rohan Motors.  The Insurance Company referred this case to its Surveyor, who, vide his report dated 6^th February, 2003, assessed the liability on total loss basis at Rs.3,10,000/- and on repair basis at Rs.1,79,933/-.  The salvage value of the vehicle was assessed at Rs.1,25,000/-.

          Taking into consideration the estimate submitted by said M/s Rohan Motors as also the evidence on record, vide order dated 9^th February, 2004 the District Consumer Disputes Redressal Forum, New Delhi allowed the complaint directing the Insurance Company to pay to the Complainant a sum of Rs.3,10,000/- with compensation and cost quantified at Rs.20,000/-.

          Being aggrieved, the Insurance Company as well as the Complainant preferred appeals to the State Commission.  As noted above, the State Commission has allowed both the appeals in the aforesaid terms.

          Not being satisfied with the order passed by the State Commission, the Insurance Company is before us in this appeal.

          When the appeal came up on 19^th September, 2007 for motion hearing, notice was limited to the quantum of return of salvage.

          We have heard learned Counsel for the parties.  We have also perused the Surveyor’s report. 

We are of the view that the Fora below having accepted the report of the Surveyor, whereby the liability on account of total loss was estimated at Rs.3,10,000/-, which report was not challenged by the Complainant, the liability of the Insurance Company should have been limited to Rs.3,10,000/- and the Insurance Company was entitled to receive back the salvage, irrespective of its value.

Accordingly, we allow the appeal and modify the impugned order to the extent that the liability of the Insurance Company for loss on account of accident shall be limited to Rs.3,10,000/- as against Rs.3,25,000/- awarded by the State Commission.  The award of compensation of Rs.20,000/- by the District Forum is, however, maintained.  The total sum of Rs.3,30,000/- shall be paid by the Insurance Company to the Complainant within four weeks from today.  We clarify that if any amount has been deposited by the Insurance Company pursuant to any order by the Fora below, it will be open to them to withdraw the same along with accrued interest, if any.  The Insurance Company shall also be entitled to collect the salvage stated to be still lying at the premises of M/s Rohan Motors on “as is where is basis”.  All the documents relating to the ownership of the vehicle shall be handed over by the Complainant to the Insurance Company at the time of tender of payment by the Insurance Company in terms of this order.  Learned Counsel for the Complainant has assured us that the Complainant shall sign all the documents for transfer of the vehicle in favour of the Insurance Company or any other person as may be desired by that Company. 

The appeal stands disposed of in the above terms with no order as to cost.