ORDER

SHASHI NARANG, MEMBER.

Brief facts of the complaint are that complainant who is running his clinic has installed an Auto Refractometer in his clinic and insured the same with the opposite parties under the policy NO. 200500/44/06/58/0000084 which was valid from 3/1/2007 to 29/1/2008 and the premium paid by the complainant for that

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insurance policy was Rs.2582/-. It is further alleged that unfortunately tele printer of the said insured machine was got damaged which was replaced and for that complainant paid Rs.14690/-. Complainant lodged his claim with the opposite party Insurance Company and also submitted all requisite documents . Opposite party paid part payment of Rs.4345/- vide cheque dated 7/9/09 as full and final payment of claim against the actual claim of rs.14690/- which amounts to deficiency in service and unfair trade practice on the part of opposite parties against which complainant is entitled to the reliefs claimed.

2. Notice of the complaint was sent to the opposite parties who appeared through counsel and filed written statement by taking as many as six preliminary objections. On merits allegations made in the complaint have been emphatically denied.

3. In support of his version complainant has produced in evidence affidavit and documents Ex.C1 to c5.

4. Opposite parties produced in evidence affidavit and documents Ex.R1 to R9.

6. We have heard learned counsel for both the parties. The counsel for the complainant has drawn our attention towards Ex.C4 and Ex.C5 which are reports of Mehra Eyetech Private Limited. This is Firm where Auto Refractometer Printer was repaired and cleaned. Here the entire machine was cleaned thoroughly and functions of the machine were checked and it was reported by Mehra Eyetech Private Limited that machine is in fine working order. The complainant paid a bill to the tune of Rs.14690/- to this Firm vide bill Ex.C4.

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7. That the complainant purchased this TOPCON OPHTHALMIC INSTRUMENT I.E. ONE NOS. TOPCON AUTO REFRACTOMETER RM-8000 OBJECTIVE ONLY WITH PLANTECH MOTORISED TABLE FOR RS.2,30,000/- vide Ex.C2 and from the date of the purchase of this machine, the complainant is paying the insurance premium of this machine on the assured sum of Rs.2,30,000/- and on 24.1.2008, the complainant paid the premium to opposite party No. on the sum assured which is Rs.2,30,000/- and learned counsel for the opposite party has admitted this insurance policy having been obtained by the complainant from the opposite party. This shows that the complainant is paying every year the premium on assured sum of Rs.2,30,000/- and he has not claimed any depreciation as far as the premium is concerned. This insurance policy was inforce from 30.1.2008 to 29.1.2009 and this premium was paid regarding one machine TOPCON AUTO REFRACTOMETER RM-8000 OBJECTIVE vide policy No. 200500/44/07/58/3000473 Ex.C3.

8. On the other hand, the counsel for the opposite party has drawn our attention to report Ex.R3 by Pargat Singh, Surveyors & Loss Assessors. He has based his assessment on the principle of depreciation by the passage of time, but in this case, the complainant is paying the premium on a fixed assured sum of Rs.2,30,000/-. So the opposite party had charged a full premium of insured sum of Rs.2,30,000/-, now they cannot deduct any amount as depreciation from cost of the machine insured by the complainant with the opposite parties when he is paying full premium on the insured sum of Rs.2,30,000/- every year and part of this machine of

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the complainant was repaired and sum parts were replaced with new parts by Mehra Eyetech Private Limited, Puducherry and the complainant had paid a bill of Rs.14,690/- to Mehra Eyetech Private Limited.

In view of the above discussion, we direct the opposite party United India Insurance Company Limited to pay a sum of Rs.14690/- to the complainant which he has paid to Mehra Eyetech Private Limited, Puducherry till vide vide Ex.C4 along with interest @ 8% per annum from the date of filing the complaint till realization. The opposite party is also directed to pay to the complainant a sum of Rs.3000/- as costs of litigation. Compliance of the order be made by the opposite party within one month from the receipt of copy of this order.

Copy of the order be sent to the parties through registered post free of costs. File be consigned to the record room.

Dated: Gulshan Prashar Shashi Narang Paramjit Singh

01.04.2010 Member Member President