NETRANANDA BEHERA vs NEW INDIA ASSURANCE CO. LTD.

THIS appeal is directed against the order dated 27.8.2003 passed by the District Consumer Disputes Redressal Forum, Cuttack dismissing appellant''s C.D. Case No. 208 of 2002.

THE appellant filed the aforesaid C.D. Case No. 208 of 2002 before the District Forum, Cuttack claiming compensation of Rs. 3,55,000 on the allegation that in the super cyclone of 28/30th October, 1999 his residential building situated at Mouza Madan Mohan Nagar was damaged and since the building in question was insured the respondents are liable to pay the aforesaid compensation in full. But, instead of paying the entire amount as claimed they have offered only a sum of Rs. 17,777.00 which does not reflect the correct assessment of damages. The case of the respondents in brief is that the allegation of damage to the building on account of the cyclone was enquired into and proper survey was conducted and the final Surveyor assessed damages at Rs. 17,790 and the said report was considered and the claim was settled at Rs. 17,770. The appellant accepted the amount at Rs. 17,777.00 without any murmur.

The learned Counsel for the appellant submitted that the Surveyor conducted the survey behind his back and, therefore, it should not be accepted. He also contended that the appellant was asked to sign on a blank paper by the officers of the respondents and accordingly in good faith he signed and gave the receipt.

THE Counsel appearing for the respondents on the other hand submitted that the appellant is an employee of another Insurance Company and is not a layman and having accepted the amount of Rs. 17,777 as full and final settlement of the claim he is estopped from raising any other plea. The plea of the appellant that he put his signature on a blank paper on being requested by the officers of the respondents can hardly be accepted with a pinch of salt. He is an educated person and is an employee of another Insurance Company. Therefore, putting his signature on a blank paper on being requested by some officers of the bank in good faith can hardly be believed. Moreover if he found that the report of the Surveyor was not correct he could have summoned him before the District Forum for cross-examination which he did not do. He could have also got the damage assessed by some other Surveyor and proved it. This step also he did not take. Therefore, I do not find any valid and cogent reason to hold that the assessment of damage made by the Surveyor is incorrect or erroneous. It appears that the appellant also moved the Insurance OMBUDSMAN who examined the entire aspect at great length and held that the assessment made by the Surveyor is proper.

COMING to the receipt granted by the appellant in token of receipt of the amount of Rs. 17,777 it may be noted that he received the amount without any objection or protest. It is submitted on behalf of the respondents that the appellant later got it manipulated in the copy to lay higher compensation. I need not examine the allegation and counter allegation. Admittedly the appellant has received the amount of Rs. 17,777 putting his signature without any objection. As indicated above he is not an illiterate person. He being an employee of another Insurance Company cannot plead that he put his signature on a blank paper in good faith. For the reasons aforesaid, I do not find any merit in this appeal which is accordingly dismissed. No costs. Appeal dismissed.