The acceptance of a certain amount by the appellant did not constitute full and final settlement of the claim, and the appellant could seek additional amount through the Civil Court if not satisfied.

Mr. Justice M.R. Agnihotri, President— Complainant Mohinder Singh has come up in appeal before us for the enhancement of the claim arising out of accident of his truck occurred on 18th of October, 1992. The claim was lodged with the National Insurance Company with an estimate of Rs. 1,34,221 /-, but ultimately he spent Rs. one lac in all, on the repairs. Since the respondentInsurance Company paid Rs. 54,844/ on 18th of October, 1993 i.e. after expiry of one year from the date of accident, the complainant approached the District Forum for claiming the balance amount of Rs. 45,195.31 Paise alongwith interest on the entire amount.

2. In the written statement filed by the Insurance Company, it was pleaded that the complainant had accepted an amount of Rs. 54,844/- in full and final settlement of his claim and thus the complaint was no longer maintainable. It was further pleaded that the aforesaid amount was in fact paid and settled as per final report of the Surveyor.

3. Learned District Forum after examining the entire matter held that the acceptance of the amount by the appellant was in fact not in full and final settlement of his claim. Accordingly, the complaint was accepted directing the Insurance Company to pay to the complainant balance amount of Rs. 9,517/- alongwith interest at the rate of 18% per annum on the total amount of Rs. 64,361/-, from 18th of April, 1993 till date of payment alongwith costs of Rs. 250/-.

4. The Insurance Company has not filed any cross appeal.

5. After hearing the learned Counsel for the parties, we do not find any merit in the appeal filed by the complainant. The Insurance Company has already made the payment of the claim on the basis of the Surveyor’s report, meaning there by that whatever assessment has been made by the Surveyor has been accepted by the Insurance Company and payment has been made in accordance therewith. If the complainantappellant is still not satisfied with the amount of the payment made to him, he can still go to the Civil Court for realising any extra amount i.e. in addition to what he has already received as a result of the Surveyor’s report. So far as the present appeal is concerned, we do not find any ground to interfere with the well-considered order of the learned District Forum and uphold the same. The appeal is accordingly dismissed with no order as to costs.

Appeal dismissed.