05.012.2014- Heard, Mr. G.C. Jha, learned Counsel appearing on behalf of the Insurance Company/appellant on the prayer for condoning the delay of about 47 days in filing this appeal and also on merits.

   Mr. Jha, submitted that the complainant/ respondent got the vehicle repaired on his own and furnished the bill to the Insurance Company. There was no final survey in this case .He referred to Section 64 UM (1)(G) (2) of the Insurance Act, 1983. He also submitted that the learned Lower Forum should not have allowed interest @ 8% per annum from 6.8.2009, the date on which claim was lodged.

2.       It appears that the insured vehicle met with an accident on 1.6.2008 for which F.I.R. was lodged. The Insurance Company was informed about the accident by the complainant vide letter dated 6.6.2008 whereupon spot enquiry of the accident was conducted on 9.6.2008 by the Surveyor of the Insurance Company and a report was submitted. The complainant obtained repairing estimate from the authorized workshop of the vehicle at Gaya for Rs. 2,14,234/-. Finding the estimate to be on higher side, the Complainant brought the vehicle to another authorized show  room at Phusro, where he got the estimate of Rs. 1,41,055/- which the complainant paid and got the vehicle repaired and lodged claim for the said amount vide letter dated 6.8.2009.

3.       The Learned Lower Forum interalia found that the Surveyor of the Insurance Company took about one year in submitting the report of survey. It also held that the Insurance Company never took steps for final survey and assessment of damage, though it was within its knowledge and if at all final survey was essential, then certainly it was the fault of the Insurance Company, for which the complainant should not suffer. It has been further held that the claim has been wrongly repudiated by the Insurance Company on flimsy ground that the complainant did not intimate the concerned D.O. for final survey due to which the Insurance Company lost the opportunity of final survey.

4.       After hearing Mr. Jha, at length and going through the materials placed before us, we find that no grounds are made out for interference with the impugned judgement.

5.       It appears to us that the Insurance Company has failed to discharge its duty and is throwing the blame on the complainant for not conducting final survey. Further we are of the view that the Learned Forum has rightly granted interest @ 8% per annum from 6.8.2009 when the claim was lodged.

6.       In the circumstances, even if, the delay of 45 days in filing this appeal is ignored, we do not find any merit in this appeal, which is accordingly dismissed.

          Issue free copy of this order to all concerned for information and needful.

                         Ranchi,

                         Dated:- 05-012-2014