Heard counsel on behalf of appellant.

         2. This appeal has been filed U/S-15 of Consumer protection Act 1986(Herein after called the Act) against impugned order passed by Learned District C.D.R, Commission,Bhadrak. The parties are referred in complaint case may be read as same in this appeal for convenience.

      3.    The case of the complainant in nut-shell is that the appellant being the owner of the vehicle Bearing Regn. No.OR-O1/7383 has purchased Insurance policy for the vehicle from the O.P for the period from 17-09-2002 to 16-09-2003.It is alleged inter-alia that vehicle met accident on 23-10-2002 at N.H No.5 near Chhatabar Bazar at Bhadrak. Thereafter, claim was made but  the O.P settled the claim  at Rs. 16,000/-  without assigning any reason. However, challenging the same the complaint was filed. Without assigning any reason. However, challenging the same the complaint was filed.

  4.    The OP admitted that the complainant purchased the insurance policy and submitted that they have settled the claim at Rs. 16,000/- . Since the complainant did not receive the amount, O.P repudiated the claim. Therefore, they have no deficiency in service on their part.

    5.   After hearing both parties Learned District forum has passed following orders as follows:

                                                      xxx             xxx                xxx

        “We direct the O.P to make payment of Rs. 50,000/- towards compensation of his loss and interest @ 10% per annum from 6 months  of the accident and final payment with litigation cost of Rs.500/- to the complainant payable within a month of receipt of this order”.                                

6.  Learned Counsel for the appellant submitted that the  District Forum passed impugned order without any basis. He submitted that net loss assessed by the last surveyor is Rs.25, 506/-. After deducting the cost and salvage from the report they have finalized the claim at Rs. 16,000/- and they have issued  discharge voucher to the complainant.  Learned District Forum without considering the fact and law passed the impugned order. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.     Considered the submission on behalf of appellant, perused the DFR and impugned order.

8. It is admitted fact that the vehicle during currency of policy met accident and the surveyor surveyed the vehicle. We have gone through the surveyor’s report submitted by the learned counsel on behalf of appellant and accordingly loss was assessed at Rs. 25,526/- Since it is assessed by surveyor, there is no doubt further about the assessment. We accept the same accordingly while confirming the impugned order, we hereby modify the operative portion of impugned order by directing to pay Rs. 25,526/- to the complainant along with interest @ 9% per annum from the date of impugned order and also litigation cost of Rs. 500/- within 45 day falling   which

   12 % interest will be imposed on the said amount from the date of impugned order till date of payment.

    9.       The appeal is disposed of accordingly.

  10.    Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

          DFR be sent back forthwith.