STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 855 OF 2016

        (Against the judgment/order dated 31-03-2016 in Complaint Case

               No. 76/2015 of the District Consumer Forum, Etawah )

Shriram General Insurance Company Limited

E-8, EPIP, RIICO Industrial Area, Sitapur

Jaipur (Rajasthan-302022

Branch Office 16, Chintal House

Station Road, Lucknow

Through its Manager

                                                                                              ...Appellant

                                                     Vs.

Sirajuddin, S/o Sahbaz Khan

R/o Village – Nijamatpur, Bihari

Post Bhagya Nagar

District Auriya

Presently residing at Gulabbadi

Jaswant Nagar, District Etawah.

                                                                                         ... Respondent

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. U.  S. AWASTHI, MEMBER

For the Appellant        :  Sri Dinesh Kumar, Advocate.

For the Respondent     :  Sri Amit Shukla, Advocate.

Dated : 10-06-2016

                                                  JUDGMENT

       MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Present appeal has been filed under Section-15 of the Consumer Protection Act 1986 hereinafter referred as Act, by Shriram General Insurance Company Limited, the opposite party of Complaint No. 76/2015 Sirajuddin V/s Shriram General Insurance Company Limited  and another against judgment and award dated 31-03-2016 passed by District Consumer Forum, Etawah in said complaint.

Heard learned Counsel for appellant as well as learned Counsel for respondent and perused the impugned order. Both parties agreed that appeal should be disposed of finally.

Learned Counsel for respondent/complainant agreed that appeal should be decided in terms of appellant’s surveyor report dated 11-05-2013 which is paper no. 23 to 27 of appeal. In this surveyor report loss of vehicle has been assessed to Rs.3,24,500/- and out of this assessed loss Rs.1,15,000/-

:2:

has been deducted as salvage of ill-fated vehicle.

Learned Counsel for respondent conceded that ill-fated vehicle is in hands of respondent/complainant and he is accepting the salvage value to the extent of Rs.1,15,000/-.

Learned Counsel for respondent conceded that after deducting the salvage value of ill-fated vehicle respondent is entitled to get compensation of Rs.2,09,500/- as reported by surveyor of Insurance Company.

Learned Counsel for appellant is also placing reliance on this surveyor report and he also conceded that appeal may be decided in terms of surveyor report.

In view of submissions made by learned Counsel for the parties, appeal is decided with the consent of learned Counsel for both parties in terms of above surveyor report dated 11-05-2013. The appellant shall pay Rs.2,09,500/- to respondent/complainant within 45 days from today, failing which the appellant/opposite party shall pay interest at the rate of 6% per annum on said amount from the date of judgment till date of actual payment.

 The amount deposited by appellant Insurance Company under Section-15 of the Act before this Commission shall be remitted to District Consumer Forum for payment to complainant/decree holder. This amount shall be adjusted in total amount of Rs.2,09.500/- payable in pursuance of order passed in this appeal.

The appeal is disposed of finally.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                                                      ( JUSTICE A H KHAN )

                                                                                                                      PRESIDENT

                                                                                                                ( U S AWASTHI )

                               MEMBER

            pnt