H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

First Appeal No. : 157/2024 Date of Presentation : 26.07.2024 Order Reserved on : 08.04.2025 Date of Order : 24.04.2025 _____

National Insurance Company Limited, Branch Office Hamirpur, Near Mridul Chowk, Hamirpur, H.P. through its Assistant Manager (TP Hub), Divisional Office, Himland Hotel, Circular Road, Shimla-171001.

……Appellant/Opposite party.

Versus Sh.Jagmohan Singh S/o Late Sh. Dile Ram R/o Village Bhambhloh, Post Office Uhal, Tehsil Tauni Devi, District Hamirpur, H.P.

……Respondent/Complainant.

Coram Hon’ble Justice Inder Singh Mehta, President Whether approved for reporting? Yes.

For the Appellant: Mr.Jagdish Thakur, Advocate.

For the Respondent: Mr.Himanshu Kapila, Advocate vice Mr.Amit Sharma, Advocate.

1Whether reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President O R D E R Instant appeal is arising out of the order dated

17.05.2024 passed by Learned District Consumer Commission, Hamirpur, H.P. in Consumer Complaint No.105/2018 titled Jagmohan Singh Versus The National Insurance Company Ltd., whereby complaint filed by the complainant was allowed and opposite party/Insurance company was directed to pay a sum of Rs.2,18,844/- to the complainant alongwith interest @ 6% per annum from the date of complaint i.e. 15.11.2018 till its realization. The opposite party/insurance company was also directed to pay compensation to the complainant to the tune of Rs.28,000/-

besides litigation cost of Rs.10,000/-.

Brief facts of Case:

2. Brief facts of the case are that the complainant is registered owner of vehicle bearing No.HP-01H-1459 and the said vehicle was insured with the opposite party/

insurance company vide policy bearing No.421203/31/16/6300001170 w.e.f. 30.05.2016 to 30.05.2017. As per insurance policy, total value of the vehicle was assessed at Rs.3,63,428/- at the time of the issuance of the policy. The vehicle of the complainant met with an accident in the intervening night of 19/20 March 2017 at about 12:00 at place Lohakhar, P.O Guwardu, Tehsil Bamson at Tauni Devi, Distt. Hamirpur, H.P. At the time of accident, the complainant himself was driving the vehicle in question. The complainant got repaired his vehicle from Hi Tech Satluj Motors Pvt. Ltd, NH-88, Didwin Tikkar, Tehsil and District Hamirpur and they had given a repair bill of the vehicle to the tune of Rs.3,26,777/-. The complainant had made the payment of the bill. The opposite party/insurance company had deputed two surveyors to assess the total losses of the vehicle, but the losses assessed by the surveyors of the opposite party/insurance company are totally wrong and the same are against the actual repair and parts fitted in the vehicle. The opposite party/insurance company settled the claim of the vehicle on the basis of false surveyors' report and the opposite party/insurance company paid Rs.1,44,584/- by transferring the amount in the account of the complainant. There is deficiency in the service on the part of opposite party/insurance company. Hence, the present complaint.

3 The opposite party/insurance company contested the complaint by filing reply and stated that on receipt of intimation regarding accident, the opposite party/insurance company deputed Er.Rajnish Pathak and Rajinder Kumar Khajuria, Surveyors & Loss Assessors, who had assessed the loss to the tune of Rs.1,44,584/-. The investigation of the accident was also got done. Thereafter, the opposite party/insurance company paid due amount of Rs.1,44,584/- to the complainant, which has been received by him. There is no deficiency in service or unfair trade practice on the part of the opposite party/insurance company. A prayer for dismissal of complaint was made.

4. The complainant filed rejoinder denying the contents of reply filed by the opposite party and reiterating those of complaint.

5. Thereafter, the parties led evidence in support of their respective pleadings.

6. After hearing the parties, le