The Complainant Shri Debashish Sen is the owner of Delux Mini Bus bearing Registration No. ML -05 A- 3969 which was covered by Insurance Policy purchased by the complainant praying necessary premium from the Opposite Party Insurance Company, namely, United India Insurance Company. The vehicle was purchased in March, 1992 and was placed on road in July, 1992. During the validity of the Insurance Policy after about two months from the date of placing the vehicle for use on the road, an accident took place on 23^rd of September, 1992. The Insurance Company was duly informed, so also the police. The vehicle was duly inspected after accident by the Motor Vehicle Inspector. Copies of the report to the Police and inspection report of the M.V.I. have been annexed. A claim was duly lodged before the Insurance Company and as it was not settled the present petition has been filed. The claimant has claimed a sum of Rs.3,79,629/- against the Insurance Company, out of which a sum of Rs.1,78,000/- has been claimed for the repair of the vehicle and also a sum of Rs.50,000/- which the complainant took loan from his father with interest @ 18% per annum. It may be stated that the Insurance Company offered a sum of Rs.58, 800/- for damage caused to the vehicle.

 

2. On behalf of the Opposite Parties, a written objection has been filed raising various pleas including the plea that the present petition is not maintainable and that this matter has to be decided by the Civil Court. It has also been pleaded that in view of the clause in the policy the matter has to be decided through Arbitration. The Surveyor surveyed the vehicle and submitted a report and he was also examined before this Commission.

 

3. Heard Mr. K.B. Paul, learned counsel for the Complainant and Mr. V.K. Jindal, learned counsel for the Opposite Party-Insurance Company.

 

4. According to Mr. Paul in view of the copies of the documents filed along with the petition as the claimant spent a total sum of RS.97, 784/-, he is entitled to get this amount from the Insurance Company. Though the claimant had claim interest for the loan taken from the Bank and from his father and also other expenses, we hold that he is not entitled to claim this amount being remote and not covered by the police of the Insurance and, therefore, it is rejected.

 

5. Only question that has to be decided by this Commission is whether the claimant is entitled to get Rs.67, 000/- for repairs of the vehicle or Rs.58, 800/- as offered by the Insurance Company.

 

6. Though Mr. Jindal has urged that the present petition is not maintainable, we are unable to accept the submission of the learned counsel inasmuch as the law is well settled that in such cases the Commission has got jurisdiction to decide such dispute. We may add here that there is definitely deficiency of service on behalf of the opposite parties inasmuch as the claim was not settled in time. The claim has also not been repudiated by the Insurance Company. It may be stated that accident took place on 23^rd of September and thereafter the Insurance Company sent a Surveyor who inspected the vehicle and assessed the damage at Rs.67, 175/-. This surveyor report has been proved by the complainant who deposed before this Commission as exhibit – 1. The survey was conducted as would appear from the report on 28.9.92. Though Mr. Jindal was trying to show some defects in the survey report, we are unable to accept this submission. The Insurance Company instead of accepting the report, again got the vehicle re-inspected by another surveyor and on the basis of his report, the amount was offered by the Insurance Company as stated above. We are of the opinion that the second survey report cannot be accepted as the first survey report was conducted immediately after the accident. We, therefore, hold that the complainant is entitled to get towards repair of the vehicle, a sum of Rs.67, 175/- as compensation. In addition to the above, amount, the claimant shall be entitled to get interest w.e.f 1^st January, 1993. We have fixed the date as normally sometime is necessary for the Insurance Company to settle this type of claim and in our opinion the above period is sufficient for the purpose. The interest shall be calculated from 1.1.93 @ 10% per annum till the date of this judgment and the Insurance Company shall pay this amount within a period of three months. If the amount is not paid within the above period of 3 months, the claimant shall be entitled to get interest at 15% per annum from the date of expiry of 3 months till the amount is realized. The amount already paid shall be adjusted.

 

With the above directions and observations, the petition is disposed of. Parties to bear their own costs.