H.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA-9.

Appeal No. 241 of 2007

Decided on 20.3.2009.



Sh. Daler Singh S/o Sh. Bhagat Singh,

Resident of Raghunath Villa,

Upper Jakhoo, Shimla.

.....Appellant.

Versus



1. Branch Manager, National Insurance

Company, Timber House, Talland,

Shimla-171001, H.P.



2. Branch Manager, National Insurance

Co. G.T.Road, Mukerian,

District Hoshiarpur (Punjab).

….Respondents.

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Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekhar Sharma, Member.



Whether approved for reporting ?



For the Appellant. Appellant in person.

For the Respondent. Mr. Jagdish Thakur, Advocate

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ORDER.



Justice Arun Kumar Goel (Retd.) President.



1. This appeal is filed by the appellant for enhancement of compensation by modifying the order dated 3.5.2007, passed by District Forum, Shimla in Consumer Complaint No. 345/2005.



2. Car of the appellant, bearing Registration No. HP-55-0060 being insured when it met with accident on 30.4.2009 is not in dispute. Appellant furnished estimate of repairs in the sum of Rs. 21,045/-. Per him this was also the actual amount spent by him in getting vehicle repaired. On receipt of intimation about accident, in house suveryor was deputed by the respondent. This was objected to by the appellant, therefore, Sh. Rajnish Sharma was appointed as surveyor. He recommended Rs. 3779/- being the amount payable to the appellant on account of labour as well as cost of spare parts.



3. Vide impugned order, District Forum below allowed a sum of Rs. 3779/-, which amount has already been received by the appellant after the order dated 11.12.2007, passed by us in this appeal.



4. According to the appellant, he is entitled to Rs. 21,045/- the amount actually spent by him towards repairs and if not this amount then atleast Rs. 11,667.29 as assessed by the surveyor appointed by the respondent. On this sum the compensation awarded has been worked out by him after making deductions from the cost of labour, as well as from the rubber and metal parts. Thus he prayed for allowing this appeal by modifying the impugned order and consequently by enhancing the compensation.



5. This position was contested by Mr. Thakur. He submitted that compensation assessed being less then Rs. 10,000/- appellant was not entitled it.



6. Further looking to the meagre amount, his client has not questioned the said order by filing the appeal. He further submitted that since compensation has been awarded which is sought to be enhanced in this appeal, he has a right to urge that not only appeal is liable to be dismissed, but the very basis of the claim is knocked down and he prayed for accordingly.



7. Admittedly right side fender of the vehicle of the appellant was also damaged. Surveyor has not allowed anything for it. In these circumstances it is felt that when the right hand tyre went deep into the ditch, the version of the appellant that fender of this side was damaged is well founded. Therefore its cost and fitting charges etc. could not be denied by the surveyor. Once this decision is arrived at, then we are of the view that impugned order deserves to be modified. District Forum below has ignored this aspect while passing the impugned order.



8. In the circumstances of this case we feel that interest of justice will be well served if the compensation is enhanced from Rs. 3779/- to Rs. 6500/-. Appeal is allowed to this extent. Now the appellant is entitled to interest on the enhanced amount of Rs. 2821/- only. Because there is ample evidence produced in this behalf that the amount as assessed by the surveyor was offered to the appellant, who did not accept the same. Interest on the sum of Rs. 2821/- will only be payable in case the same is not paid to the appellant by or before 30.4.2009, failing which the rate of interest will be @ 12% per annum from the date of filing of the appeal till payment of this amount. No costs.



9. Appellant as well as learned counsel for the respondent have undertaken to collect the copy of this order free of cost from the Court Secretary as per Rules.



(Justice Arun Kumar Goel) Retd.

President



(Saroj Sharma)

Member



(Chander Shekhar Sharma)

Member