Rajasthan

StateCommission

FA/411/2014

M/s S.V.M. Oil Mills Pvt. Ltd. Through Director Satish Chandra - Complainant(s)

Versus

United India Ins. Co. Through Chairman - Opp.Party(s)

Arvind Kumar Sharma

28 Oct 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 411/2014

 

M/s. SNM Oil Mills Pvt.Ltd. G 01-193-196 A, RIICO Industrial Area, Bharatpur through Director Satish Chand

 

Vs.

 

United India Insurance Co. Ltd. Regd.office White House Road, Chennai through Chairman & ors.

 

Date of Order 28.10.2015

 

Before:

Hon'ble Mrs.Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr. Arvind Kumar Sharma counsel for the appellant

 

BY THE STATE COMMISSION

 

This appeal has been preferred against the order dated

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26.3.2014 of the District Consumer Forum, Bharatpur by which the complaint of the appellant is allowed.

 

The short facts of the case are that the complainant insured took an insurance policy under Marine Cargo Policy of Rs. 1 crore on 23.6.2014. He transported mustard oil from Dholpur vide Tanker no. RJ 05 G 2171 but tanker over turned and due to the accident the appellant had suffered a loss of Rs.5,89,598/- and his whole loss should have been compensated by the court below but the court below has assessed his loss only up to 35% and allowed the insurance claim only Rs.2,06,359/-. Aggrieved from this order this appeal has been filed.

 

Per contra the contention of the respondent is that as per survey report the appellant has suffered only 30-40% loss and the court below has rightly assessed his loss at 35% and allowed the compensation to the tune of Rs. 2,06,359/-.

 

Heard the learned counsel for the appellant. Perused the

impugned order as well as the original record of the case.

 

The only contention of the appellant is that without any

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evidence the court has assessed his loss at 35% whereas he is entitled for 100% reimbursement of loss i.e. Rs.5,89,598/-. The court below has relied on the report of surveyor Gopal Chand Singhal where it was specifically mentioned that the appellant has received only 30-40% loss. Against this report of surveyor no rebuttal has been filed on behalf of the appellant. Survey has been conducted in presence of the appellant and as per survey report the appellant has suffered only 30-40% loss and the court below has rightly assessed his loss at 35%.

 

The contention of the counsel for the appellant is not founded on record that there is no oral and documentary evidence in support of the order of the court below. The court below has rightly relied on the survey report and when as per survey report the appellant has suffered only 30-40% loss, the assessment of loss at 35% is reasoned one and needs no interference.

 

In the light of above this appeal is devoid of any merit and liable to be rejected.

 

(Kailash Soyal) (Nisha Gupta)

Member President