AI Structured Summary
Not yet generated for this judgment
Judgment
HEARD at admission stage.
THIS appeal has been filed by the appellant complainant against order dated 13.12.2004 passed by the District Forum, Jaipur -II by which the complaint of the appellant was allowed in the manner that the respondents were ordered to pay Rs. 63,389 to the appellant as amount of damage to the vehicle and it was further ordered that the said amount would be paid by the respondents within two months failing which the appellant would be entitled to interest @ 9% p.a. and further Rs. 6,000 for mental agony were ordered to be paid by the respondents to the appellant. It may be stated here that the vehicle belonging to the appellant which was insured with the respondents had met with an accident on 23.8.2003 and for the damage of that vehicle claim was preferred.
THE assessment of the loss was of Rs. 92,215 and after making depreciation and salvage the total loss which was recommended by the Surveyor was of Rs. 63,389 and the same was ordered to be paid by the respondent to the appellant complainant.
THE learned Counsel for the appellant has argued that since the total loss was of Rs. 92,215, therefore, it should have been allowed. In our considered opinion this argument does not carry any weight as it was loss but from the above amount some amount was deducted as mentioned in Clauses 2 and 3 of the report and thus a final assessment which was made and recommended was for Rs. 63,389.
IT may further be stated here that in such accident cases the final recommendation which is based after deducting the necessary amount should be accepted.
WHEN this being the position the District Forum had not committed any illegality. So far as the case that no interest was allowed, it may be stated here that the accident had taken place on 23.8.2003 and the case was decided by the District Forum on 13.12.2004 and when Rs. 6,000 were ordered to be paid by the respondents to the appellant, there was no case of interest from the date of accident. Accordingly the appeal is dismissed. Appeal dismissed.