National Consumer Disputes Redressal
Lakhvinder Singh Bhamra vs Cholamandalam M.S. General Insurance ... on 21 November, 2017
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 252 OF 2012 (Against the Order dated 13/12/2011 in Complaint No. 8/2010 of the State Commission Chhattisgarh) 1. LAKHVINDER SINGH BHAMRA S/o Shri M.S. Bhamra, R/o Amraiyapara, Korba, ...........Appellant(s) Versus 1. CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD. & ANR. Dare House, 2nd Floor, No. 2, NSC Bose Road, Chennai-600001 Tamil Nadu 2. INDUSIND BANK Through Branch Manager, Babla Complex, 1st Floor, Near Coffey House, G.E. Road, Raipur, Tah. & Dist. Raipur Chattisgarh ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER
For the Appellant : Mohd. Anis-Ur-Rehman, Advocate For the Respondent : Mr. S.M. Tripathi, Advocate
Dated : 21 Nov 2017 ORDER
JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)
A machine being Volvo 290 B.L.C. Excavator was got insured by the complainant / appellant from respondent No.1 Cholamandalam M.S. General Insurance Co. Ltd. for a sum of Rs.52,20,000/-, for the period from 5.10.2009 to 04.10.2010. During its operation the aforesaid machine got burnt due to short circuiting on 28.11.2009. On intimation being given to the insurer, a surveyor was appointed to visit the site and assess the loss. The repair work was carried through M/s. Technical Earthmovers and Engineers, Kolkata between 28.1.2010 to 18.3.2010. The complainant made a claim of Rs.10,99,025/- but the insurer offered only a sum of Rs.2,52,610/- in the light of the repair of the surveyor who had assessed the loss to the complainant at Rs.2,81,274/-. Being aggrieved, the complainant approached the concerned State Commission by way of a consumer complaint.
2. The complaint was resisted by the respondent primarily on the ground that the amount offered to the complainant reflected the actual loss suffered by him on account of the machine having got damaged.
3. It is an admitted position that the machine was got repaired from M/s. Technical Earthmovers and Engineers. A perusal of the invoice dated 23.12.2009 issued by M/s. Technical Earthmovers and Engineers would show that the machine was repaired at the cost of Rs.10,11,925.72 inclusive of VAT. There is no evidence of the aforesaid invoice being inflated one. Therefore, it cannot be said that an exaggerated amount was paid by the complainant to the repairer M/s. Technical Earthmovers and Engineers. The complainant, in my opinion, is entitled to reimbursement of the amount paid to the repairer, after deduction of appropriate depreciation, salvage and policy excess. On the last date of hearing, the insurer was directed to work out the amount payable on the basis of the aforesaid tax invoice dated 23.12.2009, after deducting the depreciation wherever applicable. As per the assessment made by the surveyor, the aforesaid amount comes to Rs.5,47,153.54. The aforesaid assessment / opinion shows that the gross amount payable to the complainant after deducting depreciation and including VAT comes to Rs.5,73,253.54. After deducting the policy access Rs.26,100/-, the net amount worked out by the insurer comes to Rs.5,47,153.54. The depreciation allowed by the surveyor is 35% for some parts and 50% for the remaining parts. There is no material on record to show that the depreciation deducted by the surveyor was on the higher side or was more than the depreciation worked out in accordance with the applicable rules. The depreciation according to the learned counsel for the respondent has been worked out terms of the insurance policy a copy of which has been today placed on record. The complainant therefore is entitled only to the payment of the aforesaid amount of Rs.5,47,153.54 along with appropriate interest.
4. For the reasons stated hereinabove, the impugned order is hereby modified by directing the insurer to pay a sum of Rs.5,47,153.54 to the complainant, along with interest on that amount @ 9% per annum with effect from six months from the date of lodgment of the claim till the date on which the aforesaid payment is made. The payment in terms of this order shall be made within three months from today.
The appeal stands disposed of.
......................J V.K. JAIN PRESIDING MEMBER