Appeal No.992/08

Subey Singh V. The New India Insurance Co.Ltd.


Before:


Mr.Justice Sunil Kumar Garg-President

Mrs.Vimla Sethiya-Member


Shri Pramod Shandilya,counsel for the appellant



Date of judgement: 25.3.2009


Heard at admission stage.

This appeal has been filed by the complainant appellant against the order dated 28.4.08 passed by the District Forum,Alwar in complaint no. 131/06 ,by which the complaint of the complainant appellant was allowed in the manner that in place of Rs. 54,000/-which was paid by the respondent insurance company,the complainant appellant was given a sum of Rs.83,400/- as amount assessed by the surveyor and this appeal has been filed for claiming more amount than the amount assessed by the surveyor.


It may be stated here that the complainant appellant had filed a complaint against the respondent insurance company before the District Forum,Alwar on 13.3.06 interalia stating that Toyata Qualis bearing registration no.HR.47-T.0127 was got insured by the complainant appellant with the respondent insurance company for the period 5.12.03 to 4.12.04 and the said vehicle had met with an accident on 13.3.04, as a result of which the vehicle in question was damaged and as per the case of the complainant appellant in getting the repair of that vehicle,a

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sum of Rs.1,51,153/- were spent and he was entitled to that amount and since only Rs.54,000/- were paid by the respondent insurance company,therefore,for the rest amount the complaint was filed.


A reply was filed by the respondent insurance company and the case of the respondent insurance company was that the surveyor appointed by the respondent insurance company had assessed the loss to the tune of Rs.83,417/-,but after deduction of some amount, a sum of Rs.54,000/- were paid and that amount was rightly paid and it was prayed that the complaint be dismissed.


The District Forum after hearing both the parties,through the impugned order dated 28.4.08 had allowed the complaint and the amount as assessed by the surveyor was ordered to be paid by the respondent insurance company to the complainant appellant.


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


In this appeal,the main contention of the learned counsel for the complainant appellant is that since a sum of Rs.1,51,153/- had been incurred in getting the repair of the vehicle,therefore,awarding of a sum of Rs.83,400/- on the basis of the report of the surveyor was not justified and appeal be allowed.


In our considered opinion,this appeal for enhancement of the amount as assessed by the surveyor has to be dismissed because of the simply reason that 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

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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.

For reasons as stated above, the findings of the District Forum are liable to be confirmed one and this appeal filed by the complainant appellant for enhancement of the amount deserves to be dismissed and the same is dismissed. However,liberty is given to the complainant appellant 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 as laid down by the Hon'ble Supreme Court in case of Laxmi Engineering Works V. PSG Industrial Institute reported in 1995(III) SCC 583.




Member President