Rajasthan

StateCommission

A/562/2018

Shriram General Insurance Pvt. Ltd. - Complainant(s)

Versus

Manohar S/o. Shri Panchu - Opp.Party(s)

Nitish Bagri

16 Apr 2019

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 562/2018

 

 

Sriram General Insurance Pvt.Ltd. E-8 EPIP, RIICO Industrial Area, Sitapura, Jaipur

Vs.

Manohar s/o Panchu r/o Kheda Mohalla, Village Tilora Tehsil Peesangan Distt. Ajmer. & ors.

 

Date of Order 16.4.2019

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Meena Mehta -Member

 

Mr.Nitish Bagri counsel for the appellant

Mr.R.K.Tongawat counsel for the respondent

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

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This appeal is filed against the order of the learned District Forum, Ajmer dated 15.6.2018 whereby the claim is allowed against the appellant for the insured value of Rs.5,03,500/-.

 

The contention of the appellant is that surveyor has assessed the loss to the tune of Rs. 2,43,000/- hence, only this much amount should have been allowed.

 

Per contra the contention of the respondent is that claim has rightly been allowed and no interference is needed.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that the surveyor has assessed the loss as Rs. 2,43,000/- but the Forum below has allowed the claim on the IDV value of the policy.

 

The appellant has rightly relied upon the the judgment passed by the apex court in Civil Appeal No. 4487/2004 Venkateswara Syndicate Vs. Oriental Insurance Co. where the

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apex court has held as under:

 

“ There is no disputing the fact that the surveyor/surveyors are appointed by the insurance company under the provisions of Insurance Act and their reports are to be given due importance and one should have sufficient grounds not to agree with the assessment made by them.”

 

Further reliance has been placed on the judgment passed by the National Commission in Revision Petition No. 2058/2011 New India Assurance Co. Vs. Dev Medical Agency and Revision Petition No. 817/2006 D.N.Badoni Vs. Oriental Insurance Co. where the same preposition is reiterated.

 

In view of the above, the appeal is partly allowed. The respondent is entitled to get Rs. 2,43,000/- instead of Rs.5,03,500/-. Rest order of the Forum below is maintained.

 

(Meena Mehta) (Nisha Gupta)

Member President

 

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