02-03-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheets.

                        The hearing of this case was preponed with the Counsel of the parties.

            Heard Mr. K. L. Ojha, learned counsel appearing on behalf of the O.P./Appellant/Insurance Company and Mr. Shashikant Pandey, the complainant/ respondent appearing in person, on limitation and on merit.

2.       On being satisfied with the grounds the delay of about seven weeks in filing this appeal is condoned.

3.       On merit, Mr. Ojha submitted as follows. The claim was barred by limitation. Due to non co-operation of the complainant, his claim could not be settled. At best the Insurance Company is liable to pay the amount assessed by the surveyor i.e. Rs. 1,16,000/- ( Rs. 1,76,000 - Rs. 60,000/- depreciation) . Moreover in the impugned judgement, a high rate of interest has been awarded and that too from 1.7.1995 which is absolutely wrong in the facts and circumstances of this case. After the spot survey was done on 30.4.97, the complainant kept silent for about seven years, and did not approach any court/ forum within a reasonable time.

4.       On the other hand Mr. S.K.Pandey appearing in person supported the impugned judgement.

5.       Regarding the delay of about eight years in filing the complaint, the learned District Forum interalia held that the period of limitation runs from the date the repudiation is communicated, but in the present case the Insurance Company could not prove that the xerox copy of the purported letter of repudiation dated 27.3.98 was ever communicated or sent to the complainant and the  complainant came to know about such letter only from the written statement filed by the Insurance Company in the complaint case. It further held that such letter dated 27.3.98 appeared to be a forged document prepared for the purpose of defence.

          Regarding the allegation of the non  co-operation of the complainant, it was interalia held that the Insurance Company was guilty of not taking  steps for proper / final survey for assessing the damages.

          It directed the Insurance Company to pay Rs. 3,50,000/- being the full insured value along with interest @ 9% p.a. from 1.7.95 till realization by way of compensation and also Rs. 5,000/- as litigation cost within 30 days of the judgement.

6.       It appears that the insured Bus of the complainant met with an accident on 31.12.94 about which a claim was lodged on 21.2.95 with an estimated cost of repairing amounting to Rs. 2,83,000/- .The surveyor asked the complainant to bring the Bus towards it’s repair premises for assessing the loss and damages on dismantling .The complainant replied that the Bus was lying in the police station  and it was not possible for him to bring it to repair premises.  He requested to take over possession of the vehicle and treat the claim as total loss. Again surveyor made similar request to which similar reply was given. The surveyor assessed the loss at Rs. 35,120/- vide letter dated 30.6.1995 to which the complainant protested,   on which it was enhanced to Rs. 43,850/-, to which again the complainant  objected and it was again enhanced to Rs. 1,76,000 minus  Rs. 60,000/- as depreciation, vide letter dated 30.4.1997. Thereafter, the Insurance Company did not get a proper / final survey done.

7.       Therefore, the surveyor’s reports can  not be relied for assessing the damages, and we have no option than to  accept the estimate of repairing cost of the Bus, furnished by the complainant, to the extent of Rs. 2,83,000/- . 

8.       However, so far as interest is concerned it appears that if after the last assessment done by the surveyor on  30.4.1997,  the Insurance Company did not do anything,  the complainant was expected to move any court / Forum within a reasonable time. Only by saying that he went or persuing his claim with the Insurance Company, the very long delay of more than seven years can not be ignored. It appears that after the last survey report dt. 30.4.1997, the complainant made a complaint about his claim in writing by letter dt. 12.12.2004.

          Further it appears that though the learned District Forum has allowed the claim on total loss basis, but has not said anything about the salvage value of the Bus in question.

9.       In the result the impugned order is modified to the following extent. The compensation is reduced to Rs. 2,83,000/-with simple interest @ 9% P.A. from the date of filing of complaint i.e. 15.1.2008  till payment / realization .

10.     As prayed, let the statutory amount be returned to the appellant.

          With theses observations and directions this appeal stands disposed off.

           Issue free copy of this order to all concerned for information and needful.

          Ranchi,

          Dated:-02/03/2015