Appeal No.1793/08

Banwari Lal V.Bajaj Allianz Insurance Company Ltd. & Anr.


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Raj Kumar Tongawat,counsel for the appellant

Shri Virendra Agarwal,counsel for the respondents



Date of judgement: 26.3.2009


This appeal has been filed by the complainant appellant against the order dated 29.8.08 passed by the District Forum,Sikar in complaint no. 287/07 ,by which the complaint of the complainant appellant was disposed of in the manner that the complainant appellant was directed to get the repair of the vehicle in question and thereafter the bills be submitted to the office of the respondents and on the basis of the bills the claim of the complainant appellant be settled.


It arises in the following manner:


That the complainant appellant had filed a complaint against the respondents insurance company before the District Forum,Sikar on 8.1.07 interalia stating that his tractor bearing registration no.RJ.23.RA.0407 was got insured by the complainant appellant with the respondent insurance company for the period 5.9.05 to 4.9.06 for a sum of Rs.3,58,625/-. It was further stated in the complaint that on 14.6.06 another truck bearing no.RJ.07.G.6097 had caused accident with the tractor of the complainant appellant as a result of which the tractor of the

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complainant appellant was damaged and since it was not in a position to be got reparied,therefore,it was not got repaired and the information of the incident was also given to the office of the respondents insurance company and some documents were demanded by the respondents insurance company which were supplied,even then the claim was not settled. Thereafter a legal notice was given on 23.6.07 and the assessment which was made by one work shop Kisan Machinery Store,who was the authorised dealer was to the tune of Rs.3,99,100/- and since that amount was not paid by the respondents insurance company,therefore, the present complaint was filed.


A reply was filed by the respondents insurance company before the District Forum on 14.1.08 and the case of the respondents insurance company was that the surveyor appointed by the respondent insurance company, Shri Om Prakash Saharan in his report dated 14.3.07 in which the loss which was assessed by him on repair basis to the tune of Rs.1,21,627.32 and since bills of repairing were not submitted by the complainant appellant,therefore,the claim was not settled and it was further submitted that the respondent insurance company has been ready to indemnify the loss but bills must have been submitted by the complainant appellant.


The District Forum after hearing both the parties, had passed the impugned order as stated above.


Aggrieved from that order,this appeal has been filed by the complainant appellant.


In this appeal, the learned counsel for the complainant appellant has argued that since the surveyor had assessed the loss on repair basis,therefore,atleast this amount should be ordered to be paid by the respondents insurance company to the complainant appellant and appeal

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be allowed accordingly.


On the other hand,the learned counsel for the respondents insurance company has argued that for want of bills,the claim could not be settled and thus the findings recorded by the District Forum be confirmed.


We have heard the learned counsel for the parties and perused the record.

In this case,looking to the fact that vehicle in question was insured with the respondents insurance company for the period 5.9.05 to 4.9.06 for a sum of Rs.3,58,625/- and looking to the fact that the said vehicle had met with an accident on 14.6.06 and looking to the fact that the vehicle in question was damaged in that accident and looking from the photos produced it appears that the damage was severe one and looking to the fact that no doubt,the complainant appellant had claimed a sum of Rs.3,99,100/- on the basis of the estimate given by Kisan Machinery Store and looking to the fact that the surveyor appointed by the respondents insurance company,Shri O.P.Saharan had assessed the loss to the tune of Rs.1,21,627.32,therefore,this Commission is of the view that the respondents insurance company should pay to the complainant appellant a sum of Rs.1,21,627.32 as assessed by their surveyor and to that extent,this appeal deserves to be allowed.


For reasons as stated above,this appeal filed by the complainant appellant is allowed in the manner that the respondents insurance company would pay a sum of Rs.1,21,627.32 to the complainant appellant with interest @ 9% p.a from the date of filing of the complaint till the payment is made with cost of Rs.5000/- and the impugned order dated 29.8.08 passed by the District Forum,Sikar be treated as modified.




Member President