Dtd.11.06.2024                                            A/907/2023

O R D E R

         BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 1986 by OPs.1 & 2/Appellants aggrieved by the order dtd.25.08.2022 passed in CC/319/2021 on the file of 1^st Addl., District Commission, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. Both counsels present. Heard. Since the surveyor of the Appellant has assessed the loss at Rs.3 lakhs and the District Commission has assessed the loss at Rs.5 lakhs, whereas the Complainant in his complaint has sought for Rs.30 lakhs.  In consideration of grounds of appeal, coupled with discussions and reasons recorded found from para 12 & 13, in our view, it would be appropriate to award loss caused to the Complainant/Respondent at Rs.4 lakhs which would serve the ends of justice to the parties to the complaint. Hence we proceed to modify the impugned order. Consequently directed OPs.1 & 2 are jointly and severally to pay a sum of Rs.4 lakhs along with interest at 8% p.a. from the date of claim of the insurance policy i.e. 26.01.2020 till payment of the entire amount and directed OPs to pay Rs.25,000/- as damages and Rs.25,000/- towards cost of litigation within 60 days from the date of receipt of this order, failing which, the amount  awarded  shall carry interest at 12% p.a.  Accordingly appeal stands disposed off.
3. The amount in deposit is directed to be transferred to the District Commission to pay in favour of the Complainant with proper identification of his advocate.   

4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*