Haryana

StateCommission

A/1252/2016

ORIENTAL INSURANCE CO. - Complainant(s)

Versus

GULSHAN KUMAR - Opp.Party(s)

RAM AVTAR

16 Jan 2017

ORDER

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.1252 of 2016

Date of the Institution: 21.12.2016

Date of Decision: 16.01.2017

 

1. Branch Manager/Authorised Signator, The Oriental Insurance Company Limited, Derabassi, Distt. SAS Nagar.
2. Branch Manager, The Oriental Insurance Company Limited, Ambala City.

Now  through its Regional Manager,

Oriental Insurance Company Ltd. Regional Office, LIC Building, Jagadhari Road, Ambala Cantt.

 …..Appellants

Versus

 

Gulshan Kumar S/o Sh.Ram Chand, R/o H.No.99, Housing Board Colony, Baldev Nagar, Ambala City.

                                                                             .….Respondent

 

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs.Urvashi Agnihotri, Member

 

Present:-    Mr.Ram Avtar, Advocate counsel for the appellants.

 

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          It is alleged by the complainant that his car bearing registration No.HJR-01-R-7356 was insured by Opposite Parties (O.Ps.) and policy was valid from 04.05.2009 to 03.05.2010. The car met with an accident on 17.01.2010 and was badly damaged.  He took the car to Metro Motors, Ambala Cantt as directed by O.Ps. Metro Motors prepared estimate of Rs. 2,10,848.99 paise about repairs and O.ps. be directed to pay the same. 

2.      It was alleged by O.Ps.  that as per surveyor the loss caused to the car was to the tune of Rs.1,07,718.06 paise. The complainant was asked to supply the documents, but, when he failed to provide documents his claim was validly repudiated on 04.03.2011.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Ambala (In short “District Forum”) allowed the complaint  vide order dated 28.10.2016 and granted compensation to the tune of Rs.1,07,718.06 paise as assessed by the surveyor alongwith interest @ 9% per annum from the date of filing of complaint till its realization besides compensation qua mental harassment etc.

4.      Feeling aggrieved therefrom, appellants-O.Ps. have preferred this appeal.

5.      Arguments heard.  File perused.

6.      The insurance company is alleging that in the absence of the bills regarding repair and spare parts replaced compensation cannot be given to complainant.

7.      This argument is not plausible, because, if an insured is not having money then how he can purchase parts and get the vehicle repaired. He can only make payment after receiving compensation from insurance company. Surveyor of appellants/O.Ps. assessed loss to the tune of Rs.1,07,718.06 and it cannot go out of the same. Learned District Forum has also granted this very amount, so impugned order cannot be set aside on this ground. Resultantly appeal fails and the same is hereby dismissed in limine.

8.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

January 16th, 2017             Urvashi Agnihotri                 R.K.Bishnoi,                                                                        Member                                  Judicial Member                                                                   Addl. Bench                          Addl.Bench              

S.K.