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Judgment
LEARNED counsel for the parties present.
THE vehicle of the petitioner, Shri Tehseen Ahmed, met with an accident. The District Forum awarded the cost of the disputed jeep in the sum of Rs.90,000/ - and compensation in the sum of Rs.35,000/ -. However, an appeal was preferred before the State Commission. The State Commission reduced the amount to Rs.60,000/ - and compensation in the sum of Rs.2,000/ -.
WE have gone through the joint report of the Surveyors. At one place, the surveyor reported : "Thus on repair basis the company''s liability comes to is Rs.90,000/ - without dismantling of the vehicle subject to the terms and conditions of the policy. The above detailed assessment on Repair Basis is without dismantling of the vehicle. The repairing cost may further increase after dismantling the complete vehicle and assemblies i.e. Engine Assy. Gear box assy, clutch assy, suspension etc. about Rs.30,000/ -. The approximate liability after dismantling the vehicle will increase to Rs.(90,000/ - + 30,000/ - i.e. Rs.1,20,000)."
At another place, they reported that: JUDGEMENT_27_LAWS(NCD)4_2015.htm
We are of the considered view that the compensation granted by the State Commission is on the lower side. The but and ben stand set up by the Surveyors is wee bit confusing. It is well settled that when a term is patient of two interpretations, its benefit must go to the subject i.e. consumer. We have taken into consideration the salvage value and considered that a sum of Rs.90,000/ - will be enough compensation for the complainant. The complainant has faced three tribunals. The State Commission''s order has been complied with and the amount stands paid. We enhance the compensation to Rs.90,000/ - and award costs of litigation to Rs.15,000/ -. The interest will be given as per the order passed by fora below. The revision petition stands disposed of accordingly.