NCDRC

NCDRC

RP/3959/2009

ATHNAS EKKA - Complainant(s)

Versus

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

MR. D.K. LALWANI

06 Jan 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3959 OF 2009
(Against the Order dated 07/09/2009 in Appeal No. 145/2009 of the State Commission Chhattisgarh)
1. ATHNAS EKKAS/o Marshal Ekka, R/O Forest Colony, P.O. SukumaDistt. Dantewada ...........Petitioner(s)
Versus
1. ORIENTAL INSURANCE CO. LTD.Sadar Bazar, Main Road, P.O. JagdalpurDistt. DurgCHHATTISGARH ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. DR. P.D. SHENOY ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 06 Jan 2010
ORDER

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Heard Shri Carolus Toppo who has placed before us authority letter of the Petitioner. The vehicle belonging to the Petitioner which was insured with the Respondent had met with an accident. The Respondent had appointed surveyor who assessed the loss at Rs.62,600/-. The Complainant had in fact claimed a sum of Rs.1,04,202/-. The Insurance Company had paid the sum of Rs.62,600/- as per the recommendation of the surveyor in full and final settlement which was accepted by the Complainant/Petitioner without any protest. The order of the State Commission shows that the document of full and final settlement which is on record shows that it had been filled by the Petitioner. The State Commission further held that after receiving the amount, within reasonable period no protest was made and it was only subsequently on legal advice, the Petitioner sent a notice to the Insurance Company seeking more amount. It may also be mentioned here that District Forum had, in addition, granted compensation of Rs.7,020/- as also Rs.5000/- for mental agony. In the light of the above, we do not find any merit in this revision. The revision is hereby dismissed with no order as to costs.


......................JR.K. BATTAPRESIDING MEMBER
......................DR. P.D. SHENOYMEMBER