Appeal No.1070/06

Vinayak Oil Industries V. National Insurance Co.Ltd. & anr.



Before

Mr.Justice Sunil Kumar Garg-President

Mr.Sikander Punjabi-Member



Shri Asgar Khan,counsel for the appellant

Shri R.K.Sharma,counsel for the respondents




Date of judgement : 28.05.2009


BY THE STATE COMMISSION.


This appeal has been filed by the complainant appellant against the order dated 9.5.06 passed by the District Forum,Bharatpur in complaint no.304/2003(new no.445/04),by which the complaint of the complainant appellant was allowed for a sum of Rs.3,53,878.58 with interest @ 9% p.a wef 15.2.03 and further Rs.500/- as amount of compensation for mental agony and Rs.500/- as amount of cost.


This appeal has been filed for enhancement of the amount as according to the complainant appellant in getting the repair of the vehicle a sum of Rs.4,07,962/- were spent.


It may be stated here that the surveyor appointed by the

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respondents insurance company Mr. Anil Jain in his report dated 20.10.02 had assessed the loss to the tune of Rs.354310.55 and this amount had been ordered to be paid to the complainant appellant by the respondents insurance company.

In our considered opinion,if the complainant appellant still feels that the amount awarded was not just,he should approach the civi court as the Hon'ble National Commission in the case of Champalal V. Oriental Insurance Company reported in III(2008) CPJ 93 (NC) has held that as per the law it is the report of the surveyor which has to be given due weightage and the District Forum could not go into the question of quantum dispute as it will involve a detailed investigation,which could not be held in the summary proceedings under the provisions of the C.P.Act,1986.


The Hon'ble National Commission has further observed that in such cases the complainant would be free to either approach the civil court or approach to IRDA under the provision of 64UM of Insurance Act,or to invoke the condition of the policy relating to reference to Arbitration in case of quantum dispute.


Apart from that this Commission is of the view that the report of the surveyor should be given due weightage.


Taking into consideration the law laid down by the Hon'ble National Commission supra, this Commission is of the view that the complainant respondent is not entitled to more amount and this appeal deserves to be dismissed. However if the complainant appellant intends to go to civil court for claiming more amount,liberty could be given to the complainant appellant and for that time spent before the District Forum as well as before this Commission shall be set of by the concerned authorities where the proceedings for further compensation would be taken up as per

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provision of section 14 of Limitation Act as laid down by the Hon'ble Supreme Court in the case of Laxmi Engineering Works V. PSG Industrial Institue reported in 1995(III) SCC 583.


For reasons as stated above, this appeal filed by the complainant appellant is dismissed. Further liberty is given to the complainant respondent to approach the civil court for claiming more compensation and for that the time spent before the District Forum as well as before this Commission could be sought to be exempted u/s 14 of the Limitation Act.




Member President