PER SHRI P.N.KASHALKAR, HON’BLE JUDICIAL MEMBER
This is an appeal filed by Insurance Company against the judgment and award passed by District Forum, Chandrapur in CC 66/08 on 25/9/08. By allowing the said complaint, the Insurance Co. was directed to pay Rs.3,99.340/- with interest @9% p.a. from 21/5/08 till actual payment besides Rs.2000/- as compensation and Rs.1000/- as cost. Against this order, the Insurance Company has filed this appeal.
Undisputed facts in the case are that the Respondent Ajay Jayswal was owning Tata Indica bearing No.MH 34 K 4942 and it was insured with appellant for the period 8/3/06 to 7/3/07. In the intervening night of 12 & 13 July,06, said vehicle was stolen from Yavatmal and the FIR was lodged on 16/7/06. Intimation was given to the insurance Company. Said vehicle was ultimately found in burnt condition at Chalisgaon and the insurance company was informed accordingly. On the direction of Insurance Company complainant brought the vehicle from chalisgaon to Chandrapur where the surveyor appointed by the appellant carried out the survey. Surveyor recommended that an amount of Rs.2,94,274/- should be paid on total loss basis to the insured. However, the insurance company repudiated the claim on the ground that the complainant had given intimation of the theft of the vehicle to the appellant after 41 days and this delay itself amounts to breach of policy condition. Aggrieved by this repudiation, the complainant filed consumer complaint in District forum, Chandrapur.
Opposite Party filed written version and admitted that vehicle of the complainant was stolen and it was ultimately traced out at Chalisgaon. Opponent pleaded that the Complainant had filed report of the theft with Police Station Yavatmal after 6 days of happening of incidence. Opponent pleaded that the delay in lodging FIR and also the delay in giving intimation of the incident to the appellant was fatal and on that ground the claim was repudiated since under terms and conditions of the policy, the complainant should have given prompt intimation.
The Forum below, however, allowed the complaint and directed the opponent insurance company to pay Rs.3,99,240/- with interest @ 9% from 21/5/2008 till realization besides Rs.2000/- towards compensation and Rs.1000/- towards costs, as such, Insurance Company has filed this appeal.
We heard Adv.C.B.Pande for appellant. Respondent and his counsel are absent. On 29/5/09, Adv.Nalamwar had appeared for Respondent and had filed certain documents. We are finding that the award passed by the District Forum is incorrect, unjust because, the surveyor had recommended an amount of Rs.2,94,274/- after deducting amount of Rs.35,000/- towards salvage value. This recommendation of the surveyor is arbitrarily turned down by the District Forum, and asked the Insurance Company to pay Rs.3,99,340/- along with interest @ 9% p.a. The Forum should not have substituted its own valuation in place of valuation of the surveyor. It should not have brushed aside the report of the surveyor so lightly. So, in our view, by allowing this appeal partly, the amount of claim on total loss basis to be paid to the Respondent should be reduced to Rs.2,94,274/- in place of Rs.3,99,240/- awarded by the Forum below.
Hence the order…
ORDER
1) Appeal is partly allowed.
2) In column two of the impugned order, the claim is reduced from Rs.3,99,240/- to Rs.2,94,274/- which is payable by the Insurance Company to the respondent.
3) Rest of the order is maintained as it is.
4) No order as to cost.
5) Amount deposited by the appellant be paid to the Respondent towards part satisfaction of the award.
6) Inform the parties accordingly.
Delivered on 08/07/2011.
