(Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member)
(1) This appeal takes an exception to an order dated 05/01/2009 passed in Consumer Complaint No.69/2008 by the District Consumer Disputes Redressal Forum, Raigad (‘Forum’ in short).
(2) The undisputed facts are that the vehicle belonging to the respondent/original complainant bearing No.MH 06 AF 7995, Maruti Swift Car was insured with the appellant/original opponent (hereinafter referred to as ‘Insurance Company’). Said vehicle met with an accident and, therefore, insurance claim was made. The Insurance Company offered an amount of `1,64,500/- to which the insured did not agree and filed the consumer complaint. The forum accepted the contention of the respondent/original complainant and directed the Insurance Company to pay compensation of `3,41,543/- along with interest @6% p.a. and cost of `2,000/-. Feeling aggrieved thereby, the Insurance Company preferred this appeal.
(3) At the time of hearing the appeal, the counsel appearing for the respondent/original complainant preferred to remain absent. Therefore, counsel for the appellant was heard. Perused the record.
(4) Only issue canvassed before us is that since the salvage valued at `,15,000/-, was opted by the complainant to retain with him, it was required to be adjusted from the amount of `3,14,543/- i.e. monetary loss assessed due to accident. It is not in dispute that from the loss assessed, by way of an excess, as per terms of the policy, `500/- were to be deducted. According to Insurance Company, net amount payable is `1,64,500/- which was offered to the complainant by Banker’s cheque No.855705 dated 27/02/2008. Now, it is submitted at bar that the said cheque was not encashed by the complainant.
(5) We have considered the reasoning given by the forum. The forum assessed the loss after giving deduction of 15% towards depreciation at `3,41,543/-. However, the learned counsel for the appellant submitted that the loss has to be calculated on the basis of market value of the car at the relevant time and after deducting from it value of salvage and `500/- as excess, supra. We find the submission has a merit and need to be accepted. Thus, the amount offered by the Insurance Company to settle the claim is proper. Since that amount was actually tendered to the respondent/original complainant, in fact no deficiency in service on the part of Insurance Company could be inferred. Said amount was tendered by Banker’s cheque but was not encashed by the respondent/original complainant. Therefore, we find it we find it just and proper to allow the appeal by substituting the figure `1,64,500/- in place of `3,41,543/- and also not to award the interest since the amount was already tendered by the Insurance Company. We hold accordingly and pass the following order.
ORDER
(1) Appeal is allowed.
(2) Impugned order dated 05/01/2009 passed by the District Forum, Raigarh in Consumer Complaint No. 69/2008 is modified and substituted as following :-
“Appellant, Insurance Company shall pay `1,64,500/- to the respondent/original complainant. The amount is to be paid within 45 days from today and failing which the amount shall carry interest @ 18% p.a. till its realization.”
(3) In the given circumstances, both the parties to bear their own costs.
(4) Appeal stands disposed, accordingly.
Pronounced on 17th January, 2012.
