NCDRC

NCDRC

RP/3290/2009

MAHESH SHARMA - Complainant(s)

Versus

UNITED INDIA INSURANCE CO. LTD. & ANR. - Opp.Party(s)

MS. DEEPA CHACKO

03 Feb 2010

ORDER

Date of Filing: 01 Sep 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3290/2009
(Against the Order dated 22/06/2009 in Appeal No. 335/2008 of the State Commission Chhattisgarh)
1. MAHESH SHARMAS/o.Shri Parimal sharma Block Coloney Near Post Office Main Road. Sukma Dantewara Chhattisgarh ...........Appellant(s)

Vs.
1. UNITED INDIA INSURANCE CO. LTD. & ANR.Through Divisional Manager. Divisional Office Krishna complex Opposite district Court Jail Road. Raipur Chhattisgarh 2. UNITED INSURANCE CO.LTD. Through Branch Manager Branch Office Anupam Chock Jagdalpur Chhattisgarh -4940001 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE K.S. GUPTA ,PRESIDING MEMBERHON'BLE MR. JUSTICE R.K. BATTA ,MEMBER
For the Appellant :MS. DEEPA CHACKO
For the Respondent :NEMO

Dated : 03 Feb 2010
ORDER

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We have heard the revision petition finally with the consent of parties counsel. In this revision filed by the complainant against the order dated 22.06.09 of Chhattisgarh State Consumer Disputes Redressal Commission, Raipur vide order dated 9.10.09 notice was issued to the opposite party insurance company limited to the value of salvage and the period of interest. To be noted that State Commission has awarded interest from the date of filing of complaint and amount of Rs.60,000/- was permitted to be deducted towards salvage out of the amount of Rs.3,99,000/- on account of total loss of the vehicle. Report of the surveyor at page 29 would show that the value of salvage was fixed at Rs.60,000/- with R.C. and at Rs.40,000/- without R.C. subject to immediate disposal of the salvage. Relying on the decision in United India Insurance Co. Ltd. Vs. M.K.J. Construction III (1996) CPJ 8 (SC), the submission advanced by Ms. Chacko is that the petitioner is entitled to interest after two months of the report of surveyor dated 17.09.04 instead of from the date of filing of complaint. She further contends that though the petitioner had consented to the deduction of Rs.60,000/- as value of salvage by the letter dated 5.09.04, but this letter was obtained under duress. By the letter dated 13.03.06, the petitioner had pointed out that the consent was subject to giving permission to dispose of the salvage without delay. There had been delay in finalising the claim and salvage is still lying with the petitioner. Rebutting the said submission, Shri Gupta contends that the State Commission had rightly allowed deduction of Rs.60,000/- from the amount payable towards the value of salvage in view of the letter dated 5.09.04 (copy at page 55). Having considered the ratio in United India Insurance Co. Ltd. Vs. M.K.J. Corporation and the facts and circumstances of case, we are of the opinion that interest should have been allowed after two months from the report of surveyor instead of the date of filing of complaint awarded by the State Commission. We are further of the opinion that the value of salvage allowed to be deducted from the aforesaid amount should have been Rs.40,000/- instead of Rs.60,000/-. Order passed by the State Commission, thus, deserves to be modified to this extent. Accordingly, while allowing revision, the order of State Commission is modified to the extent that the value of salvage to be deducted would be Rs.40,000/- and interest will be payable from after two months of the report of surveyor dated 17.09.04. Balance amount will be paid by the Insurance Company to the petitioner within 4 weeks from today.



......................JK.S. GUPTAPRESIDING MEMBER
......................JR.K. BATTAMEMBER