Per – Hon’ble Mr. P. N. Kashalkar, Presiding Judicial Member
None present on behalf of the Appellant/original Complainant (hereinafter referred to as ‘the Complainant’ for the sake of brevity). Heard Adv. R. P. Bafna on behalf of the Respondent/original Opponent, namely – The New India Assurance Company Ltd. (hereinafter referred to as ‘the insurance company’ for the sake of brevity). This appeal was lying unattended since the year 2004. As per the policy of this State Commission, this appeal was placed on the Board of this Bench for disposal after issuing notices to both the parties. Pursuant to the notice issued, the insurance company has put in appearance but the Complainant chose to remain absent. Hence, we heard Adv. R. P. Bafna on behalf of the insurance company.
[2] This is an appeal filed by the Complainant whose Consumer Complaint No.418 of 2000, Smt. Julekha Adam Mujawar Vs. The New India Assurance Company Ltd., was dismissed by the District Consumer Disputes Redressal Forum, Solapur (hereinafter referred to as ‘the District Forum’ for the sake of brevity) by an order dated 19/6/2004. The District Forum, on assessment of evidence on record, was pleased to dismiss the consumer complaint and, therefore, feeling aggrieved thereby the Complainant has preferred this appeal. Facts giving rise to this appeal lie in a narrow compass.
[3] The Complainant had purchased an ‘Ashok Leyland’ Truck bearing RTO Registration No.MH-13/B-632 by taking a loan from the bank for her self-employment. The Complainant had taken a comprehensive insurance cover from the insurance company in respect of the said truck. The insurance policy was in force during the period 27/1/2000 to 26/1/2001. It so happened that on 7/5/2000 when the insured vehicle had gone to Dhanbad, District Balsad in the State of Gujarat, in Kaprada Ghat the insured vehicle met with an accident. After accident, a complaint was lodged with the police, as also, an insurance claim was lodged with the insurance company. The insurance company appointed a surveyor. The surveyor estimated loss to the extent of `1,83,000/- minus the salvage. Salvage was valued at `50,000/-. After negotiations, the Complainant and his banker, who had provided the loan for the said insured vehicle, agreed to take from the insurance company an amount of `97,000/- towards full & final settlement of the claim lodged by the Complainant under the insurance policy. Accordingly, discharge voucher was executed by the Complainant and his banker and an amount of `90,000/- was paid by the insurance company to the Complainant’s banker on behalf of the Complainant. Thereafter, consumer complaint came to be filed seeking amount of `3,20,000/- together with interest thereon @ 21% p.a., besides compensation in sum of `15,000/- towards mental harassment and `32,000/- toward crane charges etc. This consumer complaint was contested by the insurance company. According to the insurance company, they had settled the claim with the Complainant by paying an amount of `97,000/-. The amount was paid to the Complainant’s banker at the behest of the Complainant. Discharge voucher was signed by the Complainant as well as his banker and the insurance company had made payment of `97,0000/- towards full and final settlement of the claim.
[4] The District Forum found favour with the submissions made by the insurance company and was pleased to dismiss the complaint on finding that the Complainant and his banker had settled the insurance claim with the insurance company for an amount of `97,000/-. It was full and final settlement which is of course binding on the parties concerned. So, the complaint as filed by the Complainant was devoid of any merit and the District Forum was pleased to dismiss the complaint relying upon the reported decision of the Hon’ble National Consumer Disputes Redressal Commission in ‘2003-CPR-72-(National Commission)’. Today, since the Appellant/original Complainant is absent we have been taken through the pleadings, affidavits, documents and impugned order on the record by Adv. R. P. Bafna for the insurance company and we agree with him fully that this claim was settled by the insurance company by paying an amount of `97,000/- which the Complainant and his banker voluntarily accepted by way of full and final settlement of the insurance claim. So, the consumer complaint as filed by the Complainant was certainly not tenable in law. There was no deficiency in service on the part of the insurance company and the present appeal filed by the aggrieved Complainant is without any substance. We hold accordingly and pass the following order:-
ORDER
Appeal stands dismissed.
No order as to costs.
Inform the parties accordingly.
Pronounced and dictated on 02nd February, 2012
