Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

This appeal takes an exception to an order dated 25/01/2002 passed in consumer complaint No.616/2001, Sou.Mandakini Vainayakrao Jadhav V/s. The New India Assurance Company Ltd.,  by District Consumer Disputes Redressal Forum, Kolhapur (‘the Forum’ in short).  It is a case of alleged deficiency in service on the part of Insurance Company for partly allowing the claim in respect of vehicle which was stolen.  The Insured Declared Value and the amount of insurance was `5 Lakhs while the Insurance Company offered to settle the claim at `3,75,000/-.  This being not acceptable to the respondent/org. complainant, he filed the consumer complaint and it was decreed in her favour directing the Insurance Company to pay `4,50,000/- along with interest @ 10% p.a.  The Forum had taken into consideration the depreciated value at 10% while awarding the claim.  It is submitted by the respondent that org. complainant did not file any appeal.  However, feeling aggrieved by the award, the Insurance Company preferred this appeal.

2.       At the time of hearing of the appeal, appellant preferred to remain absent.  We heard Mr.Umesh Mangave, Advocate for the respondent/org. complainant.  Perused the record.

3.       In the instant case, since the ‘Insured Declared Value’ when the policy was renewed after the lapse of one year, was taken as `5 Lakhs, obviously, after taking into consideration a depreciated value, to again work out  the value applying depreciation, as tried to be done by the Surveyor, is per se erroneous.  There is no justification shown for such deduction and therefore, action of the Insurance Company can be termed as arbitrary and amounting to unconscionable conduct.  Under the circumstance, deficiency in service on the part of the Insurance Company is well established.  For this reason, we do not want to take a different view than what has been taken by the forum.  Thus, being the appeal is devoid of any substance, we pass the following order :-

                             -: ORDER :-

1.                 Appeal stands dismissed.

2.                 In the given circumstance, both the parties to bear their own costs.

3.                 Copies of the order be furnished to the parties.

Pronounced

Dated 22^nd February 2012.