Jharkhand

Bokaro

CC/18/69

Sanjay Kumar - Complainant(s)

Versus

The Divisional Manager, National Insurance Co. Ltd. - Opp.Party(s)

Binod Kumar Singh

04 Nov 2022

ORDER

                District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-12-06-2018

Date of final hearing-04-11-2022

 Date of Order-04-11-2022

Case No. 69/2018

  Sanjay Kumar S/o Sri Triloki Nath Pandey,

  R/o-  Q.No- 1003, Sector-IV/G, Bokaro Steel City,

   District- Bokaro, Jharkhand

Vs.

 1.The Divisional Manager, The National Insarance Co. Ltd.

    Sheela Sadan, 2^nd Floor, Plot No. C-27, City Centre, Sector-IV,

      Bokaro Steel City, Bokaro

 2. The Manager, Model Fuels Pvt. Ltd. Thand Balidih, Jaridih, Bokaro 

 

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

        Shri Bhawani Prasad Lal Das, Member

          Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgement-

 

1. This case has been filed with prayer to direct the O.P. (National Insurance Co. Ltd.) to pay Rs. 1,00,000/- as supplementary estimate submitted by O.P. No.2 for repair of the insured vehicle with interest @ 18% per annum from 19.09.2017  and to pay Rs. 10,000/- as compensation and Rs. 5000/- as legal cost to the complainant.
2.  The case of the complainant in short is that his Scarpio having registration No. JH09-Z-5943 was insured with O.P. No.1  which was renewed for the period from 05.12.2016 to 04.12.2017.  Further case is that on 19.09.2017 said vehicle met with an accident which was repaired at Model Fuels Pvt. Ltd. Tand Balidih, Jaridih, Bokaro for which he paid Rs. 4,66,305/- to the work shop but only Rs. 2,66,825/- was paid by the O.P. No.1 inspite of the estimate dt. 21.09.2017 for Rs. 4,88,835/- and supplementary estimate dt. 12.10.2017 for Rs. 1,01,521/-. Further case is that Surveyor of the O.P. No.1 investigated the matter but he has not taken into consideration the supplementary estimate.  Further case is that inspite of service of legal notice matter was not settled hence this case has been filed with above prayer.
3.  W.S. has been filed by the O.P.  No.1 (Insurance Co.) mentioning therein that no papers have been submitted to the O.P. by the complainant however, on receiving information regarding accident of the vehicle  matter was investigated by the Investigator deputed by the O.P. and he has submitted report regarding admissible claim of Rs. 2,88,453/- to the complainant after deduction of salvages and other charges etc. Further it has been replied that present claim has already been settled between the parties and after observing all formalities and after receipt of all Bank details, cancelled cheques etc from the complainant Rs. 2,66,825/- has been paid by the O.P. No.1 to the complainant who has executed receipt dt. 03.01.2018 as full and final settlement of the claim. Further reply is that as per terms and conditions of the insurance there was exclusion for glass, rubber and fiber parts for which certain percentage has been deducted, similarly on the head of depreciation and wear and tear of the parts assessment has been made for payment by the O.P.  Further reply is that there is no delay nor deficiency in service hence case is liable to be dismissed.
4. O.P. No.2 has also filed reply mentioning therein that he has repaired the vehicle and cost of repair has already been paid to him by the complainant hence there is no grievance of the complainant against this O.P.
5. Only point for consideration is whether complainant is entitled to get relief as claimed or not?
6. It is admitted fact that vehicle concerned was insured with O.P. No.1 and said vehicle was purchased sometime in the year 2014. Further admitted fact is that vehicle concerned met with an accident on the alleged date and on getting information O.P. has deputed Surveyor who has submitted report dt. 30.11.2017. Another admitted fact is that O.P. has already paid Rs. 2,66,825/- to the complainant on account of damage to the vehicle concerned and the expense related to its repair.
7. The O.P. No.1 has filed photo copy of the surveyor’s report and according to it total estimate of repair is Rs. 6,14,911.04/- and  after deduction of depreciation value as well as salvage value etc. admissible amount is Rs. 2,88,453/- to be paid to the complainant by the O.P. Said report is annexure –A of the W.S. which shows that supplementary estimate has also been taken into consideration by the O.P. No.1 and after complete assessment and deductions payment of Rs. 2,66,825/- has been made vide receipt dt. 03.01.2018 (Annexure-C). Annexure-C shows that said amount has been paid to the complainant by the O.P. No.1 as full and final settlement of the claim after supply of all desired papers and bank details etc.  Learned Counsel for the complainant has not shown any discrepancy or defect in the surveyor’s report. Therefore, we are of the opinion that there is no reason to discard the surveyor’s report. It is apparent from the prayer of the complainant that he has prayed for payment of the amount related to supplementary estimate but it is apparent that on the basis of estimate there will be no legal right to any one for its realization. Here in this case after receipt of amount as full and final settlement of the claim complainant cannot be permitted to raise further demand. Accordingly this point is being decided against the complainant.
8.  In light of above discussion prayer of the complainant is being rejected and case is dismissed with cost.

 

(J.P.N. Pandey)

                                                                                      President

 

                                                                                               

    (B.P.L Das)

   Sr. Member

 

 

                                                                                       (Baby Kumari)

                                                                                          Member