BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  : 350 of 2009

Date of Institution :  16.03.2009

Date of  Decision   :  06.05.2010

Amarinder Singh s/o S.Gurdev Singh, resident of H.No. 1083, Phase-X, S.A.S. Nagar, Mohali.

 ……Complainant

V E R S U S

The New India Assurance Company Limited (Branch Office), SCO No. 104-106, 1^st Floor, Sector 34-A, Chandigarh, through its Branch Manager.

.…..Opposite Party

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Sh.Parminder Singh, Adv. for the Complainant.

         Sh.Rajneesh Malhotra, Adv. for the OP.

PER MADHU MUTNEJA, MEMBER

        This complaint has been filed by Sh.Amrinder Singh, praying for complete payment of insurance claim by the OP.

        The case made out by the Complainant is as under.

        The Complainant got his Mahindra Scorpio car insured from the OP vide Policy at Annexure C-1. The vehicle met with an accident on 08.10.2008, near Derabassi. A cow had suddenly come towards the vehicle from the right (driver’s) side and struck the vehicle. The vehicle was badly damaged from the front as well as from driver’s side. The insurers were duly informed about the accident and the vehicle was taken to the workshop for repair. The Complainant got an estimate prepared and approached the OP to lodge his claim as per Annexure C-2. A Surveyor was appointed by the OP to inspect the vehicle. The report of surveyor which assessed the damage at Rs.25,203.12 is given at Annexure R-2. Meanwhile, the Complainant asked the Workshop to repair the car. While repairs were being carried out, the Mechanic found that the Turbo Charger was also damaged in the accident. An estimate of this was prepared on 12.10.2008 and the Surveyor was called to check the vehicle. On inspection, the Surveyor allowed the replacement of Turbo Charger also.  The Complainant, thus, paid a total amount of Rs.50,193/- towards complete repair charges. The Complainant submitted these bills of repair to the OP at Annexure C-6 and C-7 respectively, for settlement of his claim. But he was completely taken by surprise, when the OP only sent him a Cheque of Rs.9347/- as final settlement of claim. The Complainant accepted this Cheque under protest while requesting for the balance payment also, as per Annexure C-8. After waiting in vain for the balance amount for a long time, he has resorted to file the present complaint.

2]      The OP in their reply have admitted that the vehicle was insured with them and intimation of the accident was given to them by the Complainant. A Surveyor was appointed, who gave his report on 26.11.2008. They have pointed out that the surveyor had included the loss to the Turbo Charger as part of the accidental damage only by mistake and thus, the amount could not be allowed. It was stated that there was no deficiency in service on their part, as the claim of the Complainant had already been settled and an amount of Rs.9347/- has been paid as full and final settlement of the claim vide Cheque dated 1.1.2009. It was pleaded that the Surveyor had by mistake assessed the loss to the Turbo Assembly; whereas there was no actual loss to it at the time of accident. Since the earlier estimate did not contain this item, the Surveyor was asked why this was allowed later. The Surveyor, thus, disallowed the amount, hence, now, no amount was liable to be paid.    

3]      We have heard the learned counsels for both the parties and perused the evidence led by both parties in support of their contentions.

4]      This case can only be decided on merits after examining the report of the surveyor. The surveyor has included the cost of the Turbo in his estimate only after the Mechanic suggested that there seemed to be a greater loss than assessed earlier, and the car was examined by the Surveyor himself. Therefore, the amount allowable as insurance, should be as per the assessment of the surveyor i.e. as per report dated 26.11.2008. This complaint is, therefore, allowed to the extent that a further sum of Rs.15,856.15 (Rs.25,203.12 – Rs.9,347/-) should be paid by the OP to the Complainant.

5]      OP – Insurance Company is, therefore, is directed to:-

i)  To pay Rs.15,856.15P to the Complainant as balance insurance amount due.

ii) To pay a sum of Rs.10,000/- for wrong assessment and towards litigation cost.

6]      The aforesaid order be complied with by the OP, within a period of one month from the receipt of its certified copy, failing which the OP shall pay the said amount of Rs.15,856.15P along with interest @12% per annum from the date of filing of the present complaint i.e. 16.03.2009, till the date of realization, along with the cost of litigation.

7]     Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

06.05.2010                                            Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                    Sd/-

(MADHU MUTNEJA)

MEMBER

‘Dutt’