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Judgment
MR. A.K. Mittal assisted by MR. A.K. Rai learned Counsel for the appellant and MR. S.C. Awasthi learned Counsel for the respondent have been heard at length and the entire record has been examined.
IN this appeal a very short question is involved whether the sum of Rs. 10,206/- awarded by the District Forum as insurance claim for the damage to the vehicle insured is accurate or not. The Surveyor had examined the matter and according to his report a sum of Rs. 3,070.50 p. was alone payable. Mr. S.C. Awasthi has argued that the receipts shown indicated undoubtedly spending of Rs. 6,706/- and this amount should not have been discarded by the Surveyor in his report.
Mr. Rai on the other hand argued that there was no corresponding material to suggest that vouchers were genuine. There is fallacy in the argument of the Counsel for the Insurance Company. The vouchers produced are proof of expenditure and no further proof is necessary. To that extent argument of Mr. Awasthi is correct.
IN view of the aforesaid discussion appellant will pay a sum of Rs. 6,706/- more to the complainant. This will be done within two months from today. The appeal is consequently disposed of with the direction that within two months appellant shall pay a sum of Rs. 6,706/- to the complainant.
THE amount which has already been paid to the complainant stands adjusted towards the decree passed by the District Forum. Parties will bear their own cost. Appeal disposed of.