ORDER NO. 5 DT. 2.12.10

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant is present through Mr. Deb Kumar Maity, Ld. Advocate.  Respondent Nos. 1 & 2 through Mr. S.N.Dutta and Respondent No. 4 through Mr. Rajdeep Biswas, Ld. Advocates, are present.  OP Nos. 1  & 2 files BNA.  Heard both sides in full.  Judgement is passed as under :-

This Appeal has been filed by the complainant against the judgement and order dt. 18.2.10 passed by the Purulia District Consumer Forum by partly allowing the complaint case.  The complainant is the owner of the insured vehicle, which met with an accident during the validity period of the insurance policy.  In the said accident a minor child died, as a result of which the miscreants of the locality set fire on the vehicle for which the same got damaged.  The surveyor of the Insurance Company submitted a report as to the damage caused to the vehicle and consequently the loss suffered by the complainant. 

The District Forum below relying on the said survey report has partly allowed the complaint case by awarding a sum of Rs. 2,00,454/- to the complainant to be paid by the insurer subject to the condition that the complainant will repair the vehicle with replacement of parts as per direction of the surveyor within one month from that date and to submit the compliance report to the Op after observing all the formalities for the final inspection of the vehicle by the OP, who will release the awarded amount as mentioned above within a fortnight after observing all formalities from their side. 

At the hearing of this Appeal no material has been disclosed on behalf of the Complainant/Appellant so as to hold that the survey report as produced by the insurer did not reflect the actual damage that was caused to the vehicle and the consequent loss suffered by the complainant.  Although it was argued at the hearing that the survey report was prepared by the surveyor without inspecting the vehicle at a place where it was lying, but in the complaint the complainant himself has stated that the surveyor visited the garage in which the burnt vehicle was lying for the purpose of preparing the surveyor’s report.  There is also no other material to rebut the survey report as produced on behalf of the Insurance Company.  The complainant also did not take any effective steps before the Forum below to produce any cogent evidence to establish that the consequential loss suffered by the complainant was much more than disclosed in the aforesaid survey report.  In the absence of any material evidence in favour of the complainant we are unable to interfere with the impugned order.

However, regard being had to the fact that the vehicle in question is lying idle till today because of the serious damage caused to it as a result of setting on fire of the said vehicle by the miscreants, we modify the impugned judgement and order by directing the OP Nos. 1 & 2 to pay to the complainant the awarded amount of Rs. 2,00,454/- within a period of one month from this date.  Upon receipt of the aforesaid amount the complainant will be at liberty to effect repairs in the said vehicle upon replacement of parts as per direction of the surveyor within one month from the date of receipt of the aforesaid amount.  If such repairs are effected and information is given by the complainant to the Ops about the compliance of the report of the surveyor as above, then the Insurance Company will make a final inspection of the vehicle, who will further release the cost of repair of the said vehicle to the complainant within a period of a fortnight thereafter.  With these modifications of the impugned order the Appeal shall stand disposed of.