| First Appeal No. A/898/2017 | | ( Date of Filing : 17 Apr 2017 ) | | (Arisen out of Order Dated 19/10/2016 in Case No. Complaint Case No. CC/159/2014 of District Belgaum) |
| | | | 1. Baburao Ramgonda Patil | | Aged about 62 years, Occ:Agriculture & Business, R/a Sadhana High School, Gandhingalaj, Kolhapur Dist. Now Residing at BUDA plot, Hanumannagar, Belagavi-20 |
| ...........Appellant(s) | |
| Versus | | 1. The Divisional Manager | | The Oriental Insurance Company Ltd. Divisional Office, Club road, Belagavi-590020 |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.02.08.2024 A/898/2017 O R D E R BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER. - This is an appeal filed U/s.15 of CPA 1986 by Complainant/Appellant aggrieved by the order dtd.19.10.2016 passed in CC/159/2014 on the file of Belagavi District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
- The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels. Now the point that arise for consideration of this Commission would be whether the impugned order dtd.19.10.2016 passed in CC/159/2014 does call for an interference of this Commission for the grounds set out in the appeal memo ?
- This appeal is filed by Complainant seeking enhancement of compensation. District Forum awarded Rs.5,73,907/- along with interest at 8% p.a. from the date of complaint till realisation and awarded Rs.2,000/- towards cost of litigation. Learned counsel for Respondent/insurer submits on 18.11.2016 itself insurer had paid Rs.5,73,907/- along with interest as ordered and submits totally Rs.6,75,531/- was paid. According to the Appellant/Complainant, District Forum has failed to consider the repair charges under receipt no.212 dtd.02.05.2013 for Rs.6,55,127/- and failed to consider the salvage value of Rs.40,000/-. In this regard, learned counsel for insurer submits that salvage is not surrendered to the insurer and the salvage value as per report of surveyor assessed at Rs.8,395/- which was deducted while awarding compensation in favour of the Complainant as against Rs.5,82,302/- which was the value of the damages assessed by the surveyor. In other words, report of authorised surveyor was accepted by the District Forum and thereby held damages sustained to the Complainant at Rs.5,82,302/- and only after deduction of salvage value of Rs.8,395/-, Rs.5,73,907/- was awarded in favour of the Complainant which in our view does not call for an interference of the Commission for the grounds set out in the appeal memo. If the DF was considered the salvage value at Rs.40,000/- same shall have to be deducted from the value assessed by the surveyor at Rs.5,82,302/- and in such circumstances, the award amount arrived by the District Forum again has to be reduced and in such circumstances what District Forum has arrived at Rs.5,73,907/- has to be held just and proper and it would be more beneficiary to the complainant. It is submitted that the vehicle is still with the insured. Hence. Commission proceed to dismiss the appeal with no order as to cost.
- Send copy of this Order to the District Commission and parties.
Lady Member Judicial Member *NS* | |
