NCDRC

NCDRC

RP/396/2010

KISHORE KUMAR SINGH - Complainant(s)

Versus

NATIONAL INSURANCE CO. LTD. - Opp.Party(s)

MR. BHARAT SWAROOP SHARMA

01 Apr 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 396 OF 2010
(Against the Order dated 14/07/2009 in Appeal No. 487/2008 of the State Commission Jharkhand)
1. KISHORE KUMAR SINGHC/o. UCO Bank, Bermo Branch, P.O. Phusro Bazar, P.S. BermoBokaro(Jharkhand) ...........Petitioner(s)
Versus
1. NATIONAL INSURANCE CO. LTD.Phusro Branch Officer, New Road, Phusro, P.S: BermoBokaro(Jharkhand) ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBERHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 01 Apr 2010
ORDER

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Heard learned counsel for petitioner, on admission. Petitioner’s Indica V-2 Diesel Car insured with respondent – insurance company met with an accident, during currency of insurance on 06.06.2004. The damaged vehicle was brought to Pioneer Service Centre , Gaya, and thereafter to Guinea Motors Pvt. Ltd., Patna, for repairs. Repairing cost was assessed to be Rs. 2,87,958.49. Eventually, a claim was lodged with insurance company and a Surveyor appointed in the matter assessed repairing cost of the damaged car for Rs. 1,89,965.86 with a note that actual repairing cost may go upwards. Assessment of loss on total loss basis made by Surveyor was, for Rs. 2,15,500/- and on net salvage basis, for Rs. 1,64,500/-. Though insurance company was keen to accept liability to the extent of assessment of loss made by Surveyor, petitioner for his claim having not been settled by insurance company, moved consumer for a, filing a complaint with District Forum. Since repairing cost of vehicle seemed to be higher than the insured value of vehicle, District forum, while accepting complaint, directed insurance company to pay insured value of Rs. 2,16,000/- to petitioner. In appeal that was preferred by insurance company, State Commission, while maintaining basic award of Rs. 2,16,000/-, directed petitioner to return salvage to respondent - insurance company. It is against those findings of State Commission that petitioner is in revision. Issues which were agitated before fora below are also sought to be reiterated before us as learned counsel for petitioner would strenuously urge that finding of lower fora should be based on repairing cost which petitioner was required to make to get the vehicle in order and that apart, while awarding compensation, no care was taken for award of interest or compensation, even on assured value of vehicle. State Commission in its order, in view of award of Rs. 2,16,000/- which was total insured value of vehicle, rightly directed, in our view, for return of salvage to respondent – insurance company by petitioner. The order suffers no infirmity and revision petition, bearing no merit, in circumstances, is dismissed with no order as to cost.



......................JB.N.P. SINGHPRESIDING MEMBER
......................S.K. NAIKMEMBER