Heard learned counsel for the petitioner and respondent on admission. Insured tanker of petitioner laden with LPG Gas met with an accident and suffered damages. A claim came to be lodged with the Insurance Company, pursuant to which it seems that in quick succession three Surveyors came to be appointed to make assessment of losses, who eventually made different assessments of damages on their own. The petitioner however claimed compensation on strength of repairing cost incurred by her in respect of damaged tanker. Since claim was not honoured, by Insurance Company to the expectations of the petitioner, a complaint case was filed claiming award of Rs.4,60,690/-. The claim was resisted by Insurance Company holding claim to be fictitious and exaggerated and hence disowning their liability to make payment of inflated sum, sought dismissal of complaint. District Forum however, having overruled contentions raised on behalf of the Insurance Company, directed them to pay Rs.4,60,690/- alongwith 12% interest. However, in appeal that was preferred by Insurance Company, State Commission, while setting aside order of the District Forum based its finding on assessment of damages made by Mr. K.R. Arora, which was for Rs.1,83,493.21, alongwith 9% interest this being the highest assessment of damages made by two Surveyors, namely, Mr. Sanghi and Mr. K.R. Arora. The State Commission rightly preferred to put reliance on observations made by Mr. K.R. Arora. Though contentions are raised on behalf of the petitioner that as tanker was required to be repaired by authorized service center in terms of guidelines of the Controller of Explosive, petitioner had no option but to get the damaged tanker repaired by M/s. Krison Engineering Works. The correspondences made by petitioner and M/s. Krison Engineering Works had also been referred to, which shows that repair charges were realized by M/s. Krison Engineering Works also for modification of the damaged tanker. Rightly the Insurance Company would not be liable to pay cost of modification of the vehicle. Though faint arguments are sought to be canvassed on behalf of the petitioner that since Mr. K.R. Arora had given up investigation, no reliance can be put on observations made by him. However having considered finding of aforesaid Surveyor, I find that he had given conclusive finding based on observations made, for assessment of damages of the tanker. No fault can be found with the finding of the State Commission, which had taken balanced and judicious view in the matter. The revision petition being without substance is accordingly dismissed with no order as to costs.
......................JB.N.P. SINGHPRESIDING MEMBER | |