PRESENT

                   Complainant Absent.   

                   Oppoent  by Representative Adv.Smt.Kavita Edake present.                

                                        ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President)

1. The complainant has taken insurance policy in respect of his own car bearing No. MH -02 AY 2414 for a period between 17.04.2010 to 16.04.2011.
2. The above vehicle met with an accident during insurance period i. e. on 10.07.2010 and vehicle was damaged. The vehicle was given for repair after obtaining estimate from garage.  
3. The surveyor of Insurance Company investigated the damage of vehicle and took photographs. The bill was submitted to company for Rs. 40478/- However the opponent allowed bill for Rs. 15,750/- only.
4. The complainant alleged that he sent notice to opponent on 23.09.2010 which was not replied or complied by Insurance Company.
5. The opponent failed to pay amount as per contract, It is prayed for direction to opponent to pay Rs. 40478/- with interest and for compensation and cost to the amount of Rs. 100000/- and Rs. 25000/- respectively.
6. The forum admitted complaint on 18.02.2011. The opponent appeared and filed written statement on 22.03.2012 and resisted the claim.
7. The opponent stated in  para.  4 of W. S. that loss has been assessed at Rs. 15000/- on the basis of bill check report after scrutinizing the relevant bills produced by complainant.
8. The opponent stated as per terms of policy the depreciation of 25% were applied.
9. The opponent stated that complainant was offered the assessed amount however he illegally and wrongfully declined to accept the same.
10. The opponent denied the contents of alleged notice and prayed for dismissal of complaint.
11. Perused complaint, written statement, affidavit of evidence, written notes of argument filed on record.
12. Admittedly the vehicle was insured  and damaged by accident during insurance period. The estimate shows that loss was to the amount of Rs. 47600/- as per quotation dated 16.07.2010.
13. The tax invoice  issued  by D. N. Enterprises show that, complainant paid Rs. 35,478.00 /- for repairs of front bumper, Head lamp etc. on 28.07.2010. the receipt issued by sai  garage shows that, complaint paid Rs. 5,000/- for labour  charges.
14. Perused report of surveyor Ashish Desai. He visited the place and assessed the loss. The vehicle was manufactured in 2007. The accident is caused by accident which is as per policy.
15. The surveyor has prepared detail report and filed affidavit in support of the same. The complainant has paid the amount towards repairs. The opponent is liable to indemnify the same.
16. The complainant is entitled to claim interest on the said amount.
17. In the result the Insurance Company has to pay the amount to complainant as the accident occurred during the Insurance period.
18. In the result, we pass the  following order.

                                                ORDER

1.                RBT complaint No. 75/2011 is partly allowed.

2.                 The opponent is directed to pay Rs. 40,475/- ( Rupees forty

                     Thousand four hundred seventy five  ) to the complainant with

                      interest at 9%  p.a. from date of  admission of  complaint  till

                      payment.

3.                The opponent is ordered to pay compensation of Rs. 5,000/-

                     (Rupees five thousand ) and cost of Rs. 5,000/- (Rupees five

                     thousand ) to complainant.  

4.                Copy of this order be sent to both parties. .