Complainant/petitioner purchased an Ambassador car with financial assistance of Tamil Nadu Investment Corporation Limited for plying it as a TAXI and insured the same for a sum of Rs.3,30,000/- from the respondent insurance company.  While his son was driving the vehicle, car met with an accident and the complainant’s son died in the accident.  On being informed, respondent appointed a Survyeor who assessed assessed the damage at Rs.1,48,426/-.  According to

the petitioner, as per estimate prepared by the garage the estimated loss was Rs.2,83,530/-.  As there was delay in settling the claim, petitioner approached the District Forum.

          District Forum allowed the complaint relying upon the estimate prepared by the garage and awarded compensation of Rs.2,83,530/-. 

          Aggrieved by the order passed by the District Forum, respondent insurance company filed an appeal before the State Commission which was partly allowed.  The amount of compensation was reduced toRs.1,48,426/- which was assessed by the Surveyor.  Accordingly, respondent company was directed to pay Rs.1,48,426/- with interest @ 6% p.a.  Direction given by the District Forum to pay the compensation over and above what had been assessed by the Surveyor, was set aside.

          One incidental question which had come up before the State Commission for consideration was regarding the genuineness of the endorsement of the license to drive the commercial vehicle.  The State Commission has held that there is no conclusive proof that there was no endorsement; that the driver possessed a valid driving license.  This finding has not been challenged by the respondent by filing a revision petition.

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            The only point which needs determination is regarding the quantum of compensation paid.  We agree with the view taken by the State Commission  that the estimate got prepared by the petitioner from the garage cannot be made the basis of payment because the document remained unproved as no affidavit in support thereof has been filed.  Complainant has also not shown that he had paid the sum of Rs.2,83,536/- to the garage.  We find no infirmity in the order passed by the State Commission.  Dismissed leaving parties to bear their own costs.