JUDGEMENT

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal, filed under Section 15 of the Consumer Protection Act 1986 (hereinafter called “the Act” for short), is directed against order dated 03/11/2018 passed by District Consumer Disputes Redressal Forum, Raigarh (hereinafter referred as “District Forum ” for short), in Complaint Case No.CC/2018/148, filed by respondent/complainant alleging deficiency in service against the appellants herein/ opposite party in non-payment of the insurance claim and seeking direction to the opposite party for payment of Rs.4,95,280/- in all on different heads i.e. Rs.4,40,280/- the expenditure incurred in repairing of the vehicle, Rs.45,000/- as compensation for mental agony and Rs.10,000/- as cost of Date of Pronouncement:

14/03/2023 Partly Allowed Page 2 of 7 litigation. The complaint was allowed and opposite party /appellant herein was directed to pay the complainant/respondent within one month Rs.3,41,111/- (Rupees Three Lacs Forty One Thousand One Hundred and Eleven) against the expenditure incurred in repairing of the insured vehicle along with Rs.25,000/- (Rupees Twenty Five Thousand) as compensation for mental agony and Rs.5,000/- (Rupees Five Thousand) as cost of litigation failing which the amount was payable with interest @ 9% p.a. from the date of complaint. Feeling aggrieved, the Insurance Company has preferred this appeal.

2. Briefly stated the facts of the case are that the complainant / respondent is the registered owner of Bolero vehicle bearing registration No.CG-13-U-6429 which was got insured from the appellant insurance company for the period between 20.07.2016 to 19.07.2017. During the policy term on 21.04.2017 at 12.30 the said insured car vehicle dashed with a roadside tree and got damaged. The incident was intimated to the police as well as the insurance company. Insurance claim along with all documents was submitted before the insurance company, who appointed a Surveyor. The insurance company informed that the surveyor has assessed the loss to the tune of Rs.82,500/- only whereas the actual expenditure incurred in repairing of the vehicle was Rs.4,40,280/- and this amount was to be paid by the insurance company, which was claimed but the insurance company has not paid any amount and committed deficiency in service. Hence, the complaint was filed before the District Forum seeking direction for payment of amount as aforesaid in paragraph No.1.

Date of Pronouncement:

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3. The appellant / opposite party insurance company in its written statement have refuted all the facts stated in the complaint. Even the facts of occurrence of incident, intimation to the police, driving license of the driver and validity of insurance policy at the relevant time have been denied and averred that neither entire document regarding the loss was submitted nor the amount of loss was even claimed. On the request of the respondent / complainant licensee surveyor of Government of India Mr.

P.S. Gandhi was appointed, who assessed the loss to Rs.80,580/- and the insured is not entitled to get any amount more than the loss assessed by the surveyor and in this regard reliance was placed upon judgement of Hon’ble National Commission in Revision Petition No.4535/2010 order dated 20.03.2017, Petition No.1624/2011 order dated 11.08.2017, Petition No.2443/2015 order dated 23.05.2017, Petition No.2335/2016 order dated 03.01.2018 and Petition No.3217/2014 order dated 27.02.2015 in which the Hon’ble National Commission has ordered to pay the amount assessed by the surveyor. Hence, the complaint be dismissed with cost.

4. Learned District Forum considering the rival contentions of both parties allowed the complaint and directed the appellant / opposite party insurance company to pay the respondent /complainant compensation as aforesaid in paragraph No.1.

5. We