The report of the loss assessor is not sacrosanct and can be challenged if it disallows certain items without giving reasons.

ORDER

S.N. Aggarwal, President - The respondent was the owner of Tata Indica car bearing registration No. PB02-Y-8444. It was insured with the appellants for the period from 28.5.2002 to 27.5.2003.

2. It was further pleaded that on 29.7.2002, the respondent and his brother-in-law Rajesh Kumar were going for some personal work and the car was being driven by Rajesh Kumar. At about 10.00 p.m., the car met with an accident in which the respondent and his relative Rajesh Kumar suffered the injuries. The matter was reported to the police for which FIR No. 20 dated 29.7.2002 was registered in Police Post Majitha Road, Bye-pass, Police Station Sadar, Amritsar.

3. It was further pleaded that after the respondent was discharged from the hospital, intimation about of this theft was given to the appellants on 9.8.2002. The appellants had appointed M/s. V.K. Mehta as Surveyor. The car was shifted in the workshop. It was inspected by the Surveyor there also. Since the car had suffered the extensive damage, it was got repaired by spending an amount of Rs. 2,28,000. The insurance claim was lodged with the appellants. The Surveyor of the appellants had assessed the loss to the tune of Rs. 1,60,247 in full and final settlement but the respondent refused to accept the offer.

4. It was further pleaded that the appellants gave a cheque for an amount of Rs. 87,156 to the respondent by assuring him that the balance amount shall be paid soon. However, later on, it was not paid. Hence, the complaint for the recovery of remaining insurance amount of Rs. 73,091. Compensation, interest and costs were also prayed.

5. The appellants filed the written reply. It was not denied that the respondent was the owner of Tata Indica car bearing registration No. PB02-Y-8444 which was insured with the appellants for the period from 29.5.2002 to 27.5.2003. It was also not disputed that the vehicle had met with an accident on 29.7.2002 at about 10.00 p.m.

6. It was also admitted that after the receipt of the information about the accident from the respondent, the appellants had appointed M/s. V.K. Mehta as Surveyor. He had assessed the loss to the tune of Rs. 89,702.18 vide his report dated 6.1.2003. It was voluntarily accepted by the respondent. A sum of Rs. 87,156 were paid to the respondent vide cheque dated 9.5.2003. This amount was received by the respondent in full and final settlement of his claim. It was denied if the respondent was entitled to any more amount. Dismissal of the complaint was prayed.

7. The respondent filed his affidavit Ex. C1. He also proved documents Ex. C2 to Ex. C22. The respondent also filed the affidavit of Ravinder Sarpal as Ex. C23. On the other hand, the appellants filed the affidavit of M.S. Bhatia, Divisional Manager as Ex. R1 and the affidavit of V.K. Mehta, Surveyor as Ex. R2. The appellants also proved documents Ex. R3 to Ex. R6.

8. The learned District Forum accepted the complaint vide impugned order dated 7.7.2005 with costs of Rs. 3,000 and the appellants were directed to make the payment of Rs. 73,091 to the respondent with interest @ 6% p.a.

9. Hence, this appeal.

10. The submission of the learned Counsel for the appellants was that the car was insured for total amount of Rs. 2,60,000. The appellants had made the payment of Rs. 87,156 vide cheque dated 9.5.2003 in full and final settlement of his claim. The respondent was not entitled to any other amount. Hence, it was prayed that the appeal be accepted and impugned order dated 7.7.2005 be set aside.

11. On the other hand, the submission of the learned Counsel for the respondent was that the respondent had accepted the amount of Rs. 87,156 under coercive circumstances. Therefore, the respondent was entitled to the full insurance claim. Hence, it was prayed that the appeal be dismissed with heavy costs.

12. Record has been perused. Submissions have been considered.

13. The admitted facts are that the respondent was the owner of Tata Indica car bearing registration No. PB02-Y-8444. It was i