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S.C.VYAS, VEENA MISRA, V.K.PATIL
Lakhminder Singh Walia – Appellant
Versus
The Oriental Insurance Co. Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Shri R.K. Bhawnani, Advocate.
For the Respondent:Shri Shishir Bhandarkar, Advocate.

ORDER (ORAL)

S.C. Vyas, President—This appeal is directed against order dated 20.06.08, passed by District Consumer Disputes Redressal Forum, Raipur (hereinafter called “District Forum” for short) in complaint case No.74/07, whereby the complaint of the appellant has been dismissed on the ground that he has already accepted the amount sent by the insurance company as full and final settlement of his claim, so the complaint is not tenable.

2. Briefly stated the facts of the case are that a truck No.CG-04-E- 2613 belonging to the complainant was insured by the respondent insurance company which was damaged in a road accident. Diwan Chand & Co. was appointed by the insurance company as surveyor to assess the loss. Surveyor assessed the loss in presence of the insured and on the basis of settlement, recommended the matter to be settled on cash loss basis for Rs. 3,03,000/-. Later on the insurance company sent a cheque of Rs. 2,40,000/- only along with discharge voucher, which was signed by the complainant/appellant. Immediately thereafter, a notice was issued by complainant/appellant to the insurance company for payment of remaining amount of Rs. 63,000/- which was replied by the insur






























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