STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/A/18/327 NATIONAL INSU.CO.LTD.

PRESENT ADDRESS - SEWANI TOWER, M.P. NAGAR, ZONE II, BHOPAL. ,MADHYA PRADESH.

.......Appellant(s)

Versus WAHID KHAN PRESENT ADDRESS - KATANGI ROAD, SHAHEED WARD, BEHIND ALFA MEDICAL, NR.

SHAAD GARDEN, SEONI. 480001.,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT:

NATIONAL INSU.CO.LTD. FOR THE RESPONDENT:

WAHID KHAN DATED: 10/03/2026

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 327 OF 2018

(Arising out of order dated 30.08.2018 passed in C.C.No. 82/2016 by District Commission, Seoni)

NATIONAL INSURANCE COMPANY LIMITED,

SEWANI TOWER, M.P.NAGAR, ZONE-II,

BHOPAL (M.P.) … APPELLANT.

Versus WAHID KHAN, S/O LATE HAJI MOHAMMAD YUSUF KHAN, KATANGI ROAD, SHAHEED WARD, BEHIND ALFA MEDICAL, NEAR SHAD GARDEN, SEONI (M.P.) ... RESPONDENT.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Deepesh Shuklaa, learned counsel for the appellant.

Shri Ghanshyam Soni, learned counsel for the respondent.

O R D E R

(Passed On 10.03.2026)

Per Say Justice Sunita Yadav, President:

The opposite party/appellant-National Insurance Company Limited (for short 'insurance company') has filed this appeal against the order dated 30.08.2018 passed by the District Consumer Disputes Redressal Commission, Seoni (for short ‘District Commission) in C.C. No. 82/2016 whereby the complaint filed by the complainant/respondent has been allowed.

2. Facts of the case in short as narrated by the complainant/respondent are that the complainant’s passenger bus bearing registration number MP-22 P- 0180 was insured with the opposite party/appellant-insurance company for the period w.e.f. 21.11.2015 to 20.11.2016 for IDV Rs.9,75,000/-. On 29.11.2015 when the subject vehicle was on its way from Seoni to Chhindwada, near Chandan Ki Bagiya, Chhindwada Road, the bus was set on fire by criminals due to which the subject vehicle got damaged completely. The complainant filed a claim with the insurance company for Rs.9,75,000/-. The opposite party-insurance company got the survey done and allowed the claim for Rs.9,75,000/-, however, the insurance company credited only Rs.7,24,000/- in the complainant's bank account with the Punjab National Bank, Seoni branch. It is alleged by the complainant that despite repeated requests, the insurance company did not pay the remaining amount of Rs.2,51,000/- to him. It is further submitted that there was no agreement between the parties under the policy that in case of accident after sale of scrap, salvage value will be paid. The complainant therefore alleging deficiency in service on part of the insurance company filed a complaint before the District Commission seeking relief.

3. The opposite party-insurance company in its reply before the District Commission except the admitted facts denied the other allegations made in complaint. It is submitted that the complainant has filed OD claim and the insurance company appointed Surveyor in the matter. The insurance company on the basis of survey report after deducting salvage value and other liabilities from IDV Rs.9,75,000/- is liable to pay a sum of Rs.7,24,000/- to the complainant and to that effect a letter was written to him. The complainant gave consent to receive Rs.7,24,000/- and signed the discharge voucher, therefore, the insurance company credited the said amount in his account. There is no rule that the IDV of the vehicle will remain same as on the date of accident. There has been no deficiency in service on part of the insurance company and therefore, it was prayed that the complaint be dismissed.

4. The District Commission holding the opposite party-insurance company deficient in service allowed the complaint and directed the opposite party-insurance company to pay Rs.2,51,000/- to the c