No. 2/27.05.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Revision Petitioner through Mr. P. Banerjee, the Ld. Advocate, O.P. No. 1 through Mr. Amit Sharma, the Ld. Advocate along with Mr. Rajesh Upadhyay, the Ld. Advocate and O.P. No. 2 through Mr. Debasish Nath, the Ld. Advocate are present.  This revision application has been filed challenging the interim order passed by the Forum below on 17.04.2009 whereby the O.P. No. 2, M/s. Royal Motors (Auto Carriage Pvt. Ltd.) was directed to release the car being Logan car GLS model being Registration No. WB-12 B-2210 on furnishing security/bank guarantee amounting to Rs. 1,48,491/- with the Forum below on condition to produce the vehicle in question before the Forum as and when directed.  At the time of hearing a subsequent order has been shown to us dated 29.04.2009 regarding furnishing of bank guarantee of Rs. 1,48,491/- on SBI, Upper Bazar Branch, Ranchi on 22.04.2009.

We have considered the respective contentions of the parties.  It is the case of the Revisionist that the Revisionist being O.P. No. 2 was the garage owner which repaired the vehicle concerned.  It is the case of the Complainant in the complaint itself that the vehicle was repaired at the instruction of the Insurance Co. to the garage owner and it is also the case of the party that the vehicle having been repaired by the O.P. No. 2, the compliance of the interim order passed by the Forum below may prejudice the parties.  Apprehension of the Complainant/O.P. is that vehicle is not in a running condition.  They may suffer prejudice and otherwise also the Complainant contends that they are not required to pay garage owner for repairing the vehicle as the vehicle was repaired under the instruction of Insurer and as the insurance was under the cash less scheme the Complainant was not required to pay anything to the garage owner - O.P. No. 2.  The contention of the garage owner is that after repairing they are entitled to the bill amount and bank guarantee obtained does not cover full bill amount.  It is the contention of the Revisionist - O.P. No. 2 that the amount sanctioned by the Insurance on settlement of the claim may be paid to the Revisionist - O.P. No. 2.

The Insurer’s contention is that they have settled the claim and they are ready and aggreeable to pay the amount so settled to the garage owner towards the repairing cost of the vehicle.  On behalf of the Complainant dispute has also been raised as regards the correctness of the bill amount as also regarding the correctness of the amount settled by the Insurance Co.

In view of the aforesaid contention we find that undoubtedly the bill amount or the correctness of the settlement done by the Insurer are not to be decided in the present revision but as the Insurance Co. has already agreed to pay Rs. 1,74,081/- on settlement of the claim, though the settlement is under challenge before the Forum below, but challenge is bythe Complainant that the amount is much low and is to be enhanced.  Therefore, the amount so settled by the Insurance Co. may be now paid and admittedly the same should be paid to the O.P. No. 2 - Revisionist towards adjustment of its claim against bill amount.  None of the parties oppose such prayer if it is without prejudice to their rights and contentions in the proceeding before the Forum below.

In the circumstances we dispose of the revision directing the O.P. No. 1 - Respondent No. 1 Insurer to make payment of a sum of Rs. 1,74,081/- to the Revisionist - O.P. No. 2 towards satisfaction of the bill amount subject to any decision by the Forum below either on the bill amount or on the claim against the Insurance Policy by the Claimant.  Such payment is to be made by the Insurer to the Revisionist within a period of one month from the date of this order and this is without prejudice to the rights and contentions of the parties in the proceeding before the Forum below.  The impugned order stands modified to the aforesaid extent.  We make it clear that the order of the Forum below stands and no intervention has been made to the same apart from additional direction given hereinabove.  Revision allowed to the aforesaid extent.