Haryana

StateCommission

A/1015/2017

SBI GENERAL INSURANCE CO. - Complainant(s)

Versus

RAMBIR - Opp.Party(s)

SUMAN JAIN

16 Apr 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

                                                          First Appeal No  :   1015 of 2017

                                                          Date of Institution:  23.08.2017

                                                          Date of Decision:   16.04.2018

 

SBI General Insurance Company Limited, 7-8, Near Ramendra Place Metro Station, Opposite Siddartha Hotel, Pusa Road, Bank Street, Delhi-110005.

                             Appellant-Opposite Party No.1

 

Versus

 

1.      Rambir aged about 40 years son of Shri Rattan, resident of Village Ratipur, Tehsil and District Palwal.

Respondent-Complainant

 

2.      Bhavesh Madan, Authorized Agent c/o Madan Automobiles, Opposite SRS Value Bazar, Bye Pass Road, Palwal, District Palwal.

Respondent No.2-Opposite Party No.2

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.      

 

 

Argued by :         Sh. Shubham Jain, Advocate for the appellant

                   Sh. J.S. Hooda, Advocate for the respondent No.1-complainant

                        (Service of respondent No.2 dispensed with vide order dated December 14^th, 2017)

                  

 

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          SBI General Insurance Company Limited-opposite party No.1 (for short ‘Insurance Company’) is in appeal against the order dated June 29^th, 2017 passed by District Consumer Disputes Redressal Forum, Palwal (for short ‘District Forum’). For ready reference, the operative part of the impugned order is reproduced as under:-

“Hence, the complaint is hereby allowed and opposite party No.1 is directed to pay Rs.12,18,259/- to the complainant. Further opposite party No.1 is also directed to pay Rs.2,35,000/- and Rs.14,800/- as the cost for body cabin and battery of the truck in question respectively along with Rs.50,000/- as compensation for mental tension, agony and harassment as well as Rs.5500/- as litigation expenses within 45 days from the receipt of the copy of this order failing which opposite party No.1 would be further burdened with Rs.1,00,000/- along with the above awarded amount.”

 

2.      The complainant got his truck bearing No.HR73-3170 insured with the Insurance Company for the period March 03^rd, 2015 to March 02^nd, 2016.  On July 17^th, 2015 the truck caught fire and damaged.  The Police and the Insurance Company were informed.  An estimate of Rs.19,50,000/- was prepared by the complainant.  The Insurance Company offered Rs.7,09,891/- to the complainant, which he refused.  Hence, he filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

3.      The Insurance Company, in its, written version denied the averments of the complaint.  It was pleaded that Pardeep Kumar Aggarwal, surveyor assessed the loss at Rs.12,18,259/-.  The truck was not completely damaged. 

4.      A perusal of the report of the surveyor shows that damage to the cabin and battery amounting to Rs.2,35,000/- and Rs.14,800/- includes the amount of Rs.12,18,259/-. So, the District Forum fell in error in awarding the said amount for the damage of cabin and battery. In view of this, the impugned order is modified to the extent that the Insurance Company shall pay Rs.12,18,259/- plus Rs.50,000/- as compensation and Rs.5500/- litigation expenses to the complainant. The appeal stands disposed of accordingly.

6.      The Insurance Company has deposited Rs.25,000/- as statutory amount at the time of filing of the appeal and Rs.12,39,500/- vide receipt No.1017/38 dated October 30^th, 2017. The total amount comes to Rs.12,64,500/- (Rs.12,39,500/- plus Rs.25,000/-).  So, the amount of Rs.12,64,500/- be released to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.  

7.      After modification of the impugned order, the total awarded amount comes to Rs.12,73,759/- (Rs.12,18,259/- + Rs.50,000/- + Rs.5500/-). The remaining amount of Rs.9,259/- (Rs.12,73,759/- minus Rs.12,64,500/-) shall be paid by the Insurance Company before the District Forum within one month from the date receipt of this order.   

 

Announced 16.04.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

    U.K