Haryana

StateCommission

A/713/2015

RELIANCE GEN.INSURANCE CO. - Complainant(s)

Versus

PRADEEP - Opp.Party(s)

P.M.GOYAL

04 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

 

 

First Appeal No.713 of 2015

Date of the Institution:31.08.2015

Date of Decision: 04.11.2016

 

1.      Reliance General Insurance Co. Ltd., 2^nd Floor, SCO No.400-401- 402, HDFC Bank Building, Model Town, Delhi Road, Rohtak, Tehsil and District Rohtak, through its Manager.

2.      Reliance General Insurance Co. Ltd., through Sh. Amit Chawla, Deputy Manager, Reliance General Insurance Co. Ltd., SCO No.145-146, Sector-9, Chandigarh.

                                                                             .….Appellants

Versus

Pardeep S/o Sh. Dhup Singh, R/o Village Chhudani Tehsil Bahadurgarh District Jhahhar.

                                                                             .….Respondent

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.P.M. Goyal, Advocate counsel for the appellants.

                    Mr.Jagjeet Beniwal, Advocate counsel for the respondent.

 

O R D E R

URVASHI AGNIHOTRI, MEMBER:

 

1.      M/s Reliance General Insurance Company Ltd. and Anr. – Opposite parties (for short ‘OPs’) is in appeal against the Order dated 14.07.2015 passed by the learned District Consumer Disputes Redressal Forum, Jhajjar (for short ‘District Forum’), whereby the complaint of Pradeep has been allowed by directing the OPs to pay Rs.3,00,000/- as I.D.V alongwith interest @9% p.a. and Rs.2,000/- as litigation expenses.

2.      Briefly stated, the complainant was owner of Car Saloon bearing Registration No.HR-13C-7979 duly insured with the OPs vide policy No.2013712311001016 valid from 11.06.2011 to 10.06.2012. During the currency of the insurance Policy, the vehicle met with an accident when it was being driven by its driver Sh. Satbir Singh. FIR No.245 was lodged with Police Station Beri on 31.10.2011 and intimation was also given along with the completion of necessary formalities. The vehicle was also inspected by the Surveyor, who assessed the loss at Rs.2,01,000/-. Despite all this, the OPs repudiated the claim on the ground that the same was a belated one having been made after a delay of 111 days. Aggrieved against this, the complainant approached the District Forum claiming a sum of Rs.3,00,000/- along with interest, compensation and litigation expenses.

3.      Contesting the complaint, the OPs pleaded that the delay of 111 days in intimating the claim to the company, was a breach of terms and conditions of the Policy and there was no deficiency in service on their part. But the complainant was not entitled to get any claim and compensation, because “the actual net loss suffered as per the Survey Report of impartial Surveyor and Loss Assessor, Rupin Takkar is Rs.201000/- only”.  However, the learned District Forum rejected the pleas raised by the OPs and accepted the complaint vide order dated 14.07.2015 granting the aforesaid relief. 

4.      Against the impugned Order, the OPs has filed Appeal before us contending that the learned District Forum has accepted the complaint without any legal justification. The appellant reiterating the submissions made by it before the District Forum has stressed that there was no deficiency in service on the part of the OPs and claim was rightly repudiated as there was considerable delay in making the same.

5.      We have heard the learned counsel for the parties and have also gone through the record. A perusal of the record clearly shows that the vehicle had been insured with the OPs and the accident took place during the subsistence of the insurance Policy. Moreover, the vehicle was badly damaged in the accident, which was inspected and the loss assessed by the Surveyor. The Surveyor of the Company assessed the damage to the vehicle at Rs.2,01,000/-.  The law stands settled on the subject that the assessment made by the Surveyor has to be honoured and accepted by the Civil Courts and Tribunals under the Consumers jurisdiction. Therefore, we have no hesitation in modifying the award passed by the learned District Forum by reducing the amount of compensation from Rs.3,00,000/- to Rs.2,01,000/- as assessed by the Surveyor of the Company. Accordingly the appeal stands partly allowed with no order as to costs.

6.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

November 04th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

 

R.K.