Heard learned counsel for petitioner- Corporation and also respondent, who appeared in person. Amicus curiae had also been appointed to assist Bench on behalf of respondent, but he did not put in appearance since last two days of proceedings. The Bus owned by respondent was insured with petitioner-Corporation with assured value of Rs.5,00,000/-, which was valid from 22.01.2002 to 21.01.2003. Bus met with an accident on 11.01.2003 during currency of the policy. For damages suffered, respondent, moved Insurance-Corporation. Surveyor came to be appointed by Insurance-Corporation, who assessed damages for Rs.27,525/-. Respondent initially submitted estimate of repair of vehicle for Rs.72,150/-. As claim of respondent had not been accepted by Insurance upto his expectation, he moved consumer fora filing complaint. Claim was resisted by Insurance-Corporation holding their liability only to the extent of Rs.27,525/- as assessed by Surveyor. Respondent subsequently submitted repair cost of Rs.2,00,349/- and District Forum on appraisal of pleadings rejected contention raised on behalf of respondent for reimbursement of cost Rs.2,00,349/- with following observation below:- “On appraisal of aforesaid bills, it is evident that complainant has not produced any affidavits of mechanic or owner to prove that repair was actually carried out or that the payment was made to owner. Complainant has obtained number of bills of labour which are not in consonance with the repairs effected and are also exorbitant”. District Forum in its conclusive finding, however based on earlier estimate submitted by respondent, after deduction of depreciation value accepted claim for Rs.58,000/- alongwith 9% interest per annum payable by petitioner-Corporation. Though Insurance-Corporation did not challenge aforesaid finding before State Commission, respondent went in appeal for meager amount of compensation awarded by District Form. Lest said is better about reasonings assigned by State Commission for enhancement of compensation to Rs.1,50,000/-. It was contented on behalf of petitioner that District Forum, while accepting complaint, to some extent has given cogent reason for award passed in the proceedings. State Commission in total disregard of objective consideration, enhanced compensation to Rs.1,50,000/-making bald observations that in facts and circumstances justice will be served if a sum of Rs.1,50,000/- was allowed in favour of respondent. Since finding of State Commission was not based on meticulous appreciation of issue and no clinching evidence was referred to for enhancement of compensation, finding so recorded is upset and revision petition is accordingly allowed restoring award passed by District Forum for which petitioner-Corporation is liable to pay Rs.58,000/- alongwith 9% interest to respondent. I am told by learned counsel for petitioner that total award of District Forum had been satisfied by petitioner-Corporation. It is submitted that a sum of Rs.40,000/- deposited by Insurance Corporation with District Forum in compliance of order of National Commission be permitted to be withdrawn by petitioner. District Forum shall permit petitioner to withdraw deposits made by them in accordance with direction contained herein.
......................JB.N.P. SINGHPRESIDING MEMBER | |
