Order No. 2 date: 16-04-2019
Today is fixed for passing order in respect of the admissibility of the case.
Having heard the Ld. Advocate for the Complainant and on scrutiny of the documents on record, it transpires that the bone of contention of this case revolves around repudiation of his claim for a sum of Rs. 9,34,464/- by the OP Insurance Company. By filing the complaint case, the Complainant, apart from demanding payment of the afore-mentioned estimated expenditure for repairing the subject vehicle, claimed compensation and litigation cost for a sum of Rs. 1,00,000/- and Rs. 20,000/-, respectively.
Insofar as the total claim and compensation amount is far less than the minimum threshold limits of Rs. 20,00,000/-, we find no justification whatsoever behind filing of the complaint case in this Commission.
In this regard, Ld. Advocate for the Complainant although argued that taking into consideration the IDV of the subject vehicle which is Rs. 19,00,000/-, the same is filed here, in view of the decision of Hon’ble National Commission in M/S. Maharani of India v. Branch Manager, United India Insurance Co. Ltd. (RP/1794/2017), we cannot accept such averment of the Ld. Advocate.
In view of this, the complaint case is not admitted. Complainant shall, however, be at liberty to approach the competent District Forum for redressal of his grievance.
