State Consumer Disputes Redressal Commission
The New India Assurance Company Limited vs Smt. Sarita Jaiswal on 19 July, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND
DEHRADUN
FIRST APPEAL NO. 214 / 2009
The New India Assurance Company Limited
Divisional Office, Haldwani, District Nainital
through Divisional Manager
8/6-7, Astley Hall, Dehradun
......Appellant / Opposite Party
Versus
1. Smt. Sarita Jaiswal W/o late Sh. Pankaj Jaiswal
2. Km. Jainvi D/o late Sh. Pankaj Jaiswal
through her mother and natural guardian Smt. Sarita Jaiswal
Both R/o Friends Colony, Opposite Dhan Mill
Talli, Haldwani, District Nainital
......Respondents / Complainants
Sh. M.K. Kohli, Learned Counsel for the Appellant
Sh. Zafar Ullah Siddiqui, Learned Counsel for Respondents
Coram: Hon'ble Justice Irshad Hussain, President
C.C. Pant, Member
Smt. Kusum Lata Sharma, Member
Dated: 19/07/2010
ORDER
(Per: Justice Irshad Hussain, President) (Oral):
This is insurer's appeal against the order dated 09.10.2009 passed by the District Forum, Nainital, partly allowing consumer complaint No. 35 of 2009, so as to award compensation of Rs. 3,94,000/- with interest @6% p.a. and Rs. 3,000/- as litigation expenses, by way of indemnification of the loss sustained by the complainants as a result of the accident of insured vehicle No. UA04-D-6115. The delay in filing the appeal is hereby condoned and the same is admitted for decision on merit.
2. We have heard the learned counsel for the parties and considered their submissions in the light of the facts, circumstances 2 and legal aspects of the case. At the outset, it is to be stated that there being no force in this appeal, the same is liable to be dismissed.
3. The reason for the above decision is that we see no merit in the submission of the learned counsel for the appellant that the complainants failed to account for certain damaged parts which went missing when the assessment of the damage has been made by the surveyor and that on that account, sum of Rs. 79,734.20/- was liable to be deducted from the amount of net of salvage loss liability assessed at Rs. 3,94,000/- by the surveyor. The reason being that as per the survey report, the insured vehicle went off the road and fell 300 meters below road surface of hilly terrain after taking somersault and as a result thereof, engine assembly, cabin assembly and cargo body got detached from chassis frame. The nature of the accident would admit of the fact that the vehicle got badly dashed against the rocks while it fell into a deep gorge and in the process of smashing of the vehicle, its many parts went off here and there and could not have been retrieved by the owner or their agents from the scene of the accident. In the face of this situation, it could not have been safely said that the insured took away or misappropriated any of the damaged parts of the accidental vehicle. Under these circumstances, there was no justification to allege that the insurance company was entitled to have the amount of the missing parts deducted from the net of salvage loss liability assessed by the surveyor. Since the District Forum has awarded compensation on the basis of the report of the surveyor, there being no merit in this appeal and the same is liable to be dismissed.
4. Appeal is dismissed. No order as to costs.
(SMT. KUSUM LATA SHARMA) (C.C. PANT) (JUSTICE IRSHAD HUSSAIN) K