National Insurance Co. Ltd. vs VED PRAKASH SHAH

THIS is Insurance Company''s appeal against the judgment and order dated 6.11.1998 passed by the District Forum, Nainital in Complaint Case No. 166/1997, Ved Prakash Shah v. Divisional Manager, National Insurance Company Ltd.

THE brief facts of the case are that the complainant Shri Ved Prakash Shah was the owner of Ambassador Car No. UP 02 5721. It was insured. During the insurance period it met with a fire in the engine on 1.7.1994. THE fire could be extinguished after about half an hour. THE driver of the car Shri Jagdish Singh Satwal lodged the FIR with the Police Station. THE car was taken to Haldwani in the workshop and there repairs were carried out in an expenses of Rs. 22,447/-. THE vehicle was comprehensively insured. But his claim was rejected as no claim on 30.10.1995, hence the claim petition. The Insurance Company filed a written statement. It is alleged that none was present when the occurrence took place. It is further alleged that on receipt of the information, the Company deputed a Surveyor Shri J.C. Singh to conduct the spot survey and on receipt of the application for claim Shri V.D. Joshi was appointed to conduct final survey. Shri Joshi assessed the loss of Rs. 4,461.75 only towards the replacement of new parts and the above charges both including. It is alleged that the claim as made is highly exorbitant. The complainant was asked to submit repair bill and cash memo but he did not submit.

The learned Forum after taking the evidence of the parties allowed the claim for a sum of Rs. 19,221/- with interest and cost of litigation and compensation against which order, the present appeal has been filed.

WE have heard the learned Counsel for the parties and gone through the records. The vehicle is admitted. Its ownership is admitted. The incident is admitted. The only plea taken in the written statement is that the claim is highly exorbitant. In its finding the learned Forum held that it is difficult to rely upon the contention of the Company that the bills and receipts were never submitted by the complainant for the settlement of his claim. The complainant has categorically stated that the receipts were submitted to the Company for a claim of Rs. 22,447/-. However, the learned Forum reduced it to Rs. 19,221/- on the basis of the estimate for repairs to the vehicle prepared on 10.7.1994. This estimate was also given to the Insurance Company. At one hand, the Company assessed that the claimant was entitled to only Rs. 4,461.75 and on the other hand without payment of this amount as well, the Company has rejected the claim as No Claim. When an appeal was filed in the State Commission, Lucknow, an order was passed on 9.2.1999 that the complainant should again submit all the papers to the Insurance Company as is clear from the order on the order-sheet. The learned Lucknow Commission has also ordered the appellant to pay a sum of Rs. 4,500/- to the complainant. It is alleged that time was extended and on 7.9.1999 all the papers have been deposited including cash memo etc. to the Insurance Company. This fact is not disputed by the Insurance Company and now all the papers are with the Insurance Company. There was no reply after this receipt that the cash memo is not of the exact amount as claimed by the complainant.

THERE is no force in this appeal and the appeal is to be dismissed. However, if any amount has been paid to the complainant after the institution of the appeal, that shall be adjusted at the time of final payment including a remission of interest on the paid amount. ORDER The appeal is hereby dismissed. Cost of the appeal shall be easy. Appeal dismissed.