State Consumer Disputes Redressal Commission
1.Oriental Insurance Company Limited, ... vs 1.Ranbir Singh Son Of Shri Prahlad, ... on 19 July, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.209 of 2007 Date of Institution: 24.01.2007 Date of Decision: 19.07.2012 1. Oriental Insurance Company Limited, LIC Building 2nd Floor, Jagadhri Road, Ambala Cantt, through its Chief Regional Manager. 2. Oriental Insurance Company Limited, Bahadurgarh, District Jhajjar, through its Branch Manager. Appellants (OP-1) Versus 1. Ranbir Singh son of Shri Prahlad, resident of village Silana Tehsil and District Jhajjar. Respondent (Complainant) 2. L&T Finance Limited, Model Town, Jhajjar, District Jhajjar, through its Managing Director. Respondent (OP-2) BEFORE: Honble Mr. Justice R.S. Madan, President. Dr. Rekha Sharma, Member. For the Parties: Shri Rohit Goswami, Advocate appearing for Shri Ashwani Talwar, Advocate for appellants. Respondent exparte vide order dated 02.03.2012. O R D E R
Justice R.S. Madan, President:
This appeal has been preferred against the order dated 13.12.2006 passed by District Consumer Forum, Jhajjar whereby complaint filed by the complainant (respondent No.1 herein) against the appellant-opposite parties to pay the insurable benefits in respect of insured tractor which damaged in an accident during the subsistence of the Insurance Policy, was accepted by granting following relief:-
we observe that the OP No.1 has wrongly and illegally not made payment to the complainant for the repair of his accidental/insured tractor. It is, therefore, we direct OP No.1 to pay Rs.25463/- to the complainant. Order be complied within one month. Accordingly, present complaint is hereby disposed of.
Undisputed facts of the present case are that tractor bearing registration No.HR-14B/6757 of the respondent-complainant was insured with the appellant-The Oriental Insurance Company Ltd and during the insured period, the tractor damaged in an accident on 22.12.2004. According to the complainant, he suffered loss to the extent of Rs.30,500/- for getting the tractor repair works and the tractor was duly inspected by the surveyor of the opposite party and as per estimate a total loss of Rs.25643/- was found in the tractor but the opposite parties did not settle his claim and thus alleging deficiency in service on the part of the opposite parties, the complainant invoked the jurisdiction of the District Forum.
On the other hand, it is the case of the opposite party that the surveyor appointed by the company had assessed the loss of Rs.5811.50 including labour charges and costs of parts. The complainant was required to submit the necessary documents for getting the claim which he failed and for that reason the claim could not be settled.
On appraisal of the pleadings of the parties and the evidence adduced on the record, District Forum accepted the complaint and issued direction to the opposite parties as noticed in the opening para of this order.
Aggrieved against the order of the District Forum, the appellant-The Oriental Insurance Company Ltd has come up in appeal.
Heard.
It is contended by the learned counsel for the appellant that as per the report of Er.Abdul Kayum, Surveyor and Loss Assessor of the Company, the damage of the tractor was to the extent of Rs.5811.50. In support of his argument learned counsel for the appellant has drawn our attention towards the report of Surveyor Annexure A/1.
By now it is well settled law that the report of surveyor is an authenticated document to settle the claim of the claimant and the same cannot be brushed aside unless and untill any cogent and convincing evidence is adduced contrary to the report of the surveyor. In the instant case the complainant has failed to produce any evidence to rebut the report of the surveyor. The complainant cannot claim any compensation on the basis of estimated damage of the tractor. District Consumer Forum has failed to appreciate the above stated fact of the case, hence, the appellant-The Oriental Insurance Company Ltd cannot be made liable to pay to the complainant beyond the amount assessed by the surveyor which in the instant case is Rs.5811.50. Thus, the impugned order passed by the District Forum cannot be allowed to sustain.
For the reasons recorded above, this appeal is accepted and by modifying the impugned order the appellant-The Oriental Insurance Company Ltd is directed to pay to the complainant the amount of Rs.5811.50 as assessed by the Surveyor. Disposed of accordingly.
The statutory amount of Rs.12,731/-
deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal and revision, if any filed in this case.
Announced: (Justice R.S. Madan) 19.07.2012 President (Dr. Rekha Sharma) Member