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2.         The complainant applied for claim settlement by furnishing claim form (Annexure C-5) at Chandigarh office alongwith all required information and documents. The Insurance Company delayed the approval process and vide letter dated 11.09.2015 (Annexure C-6) demanded documents for claim processing. Despite all the demanded documents already supplied to Opposite Parties No.1 & 2 through their Surveyor Sh. Mohit Sharma, the complainant again supplied the said documents. Vide letter dated 28.10.2015 (Annexure C-7), the complainant requested the Insurance Company to give status of her car claim and also requested to supply surveyor assessment and other documents. The Surveyor prepared his report on 29.10.2015 (Annexure C-8), wherein he did not consider the actual estimate given by Opposite Party No.3 and assessed the loss only of Rs.14,43,171/- towards spare parts and Rs.1,65,961/- as labour charges whereas Opposite Party No.3 assessed total loss of Rs.22,13,220/-. The complainant represented to Opposite Party No.1 vide letter dated 5.11.2015 (Annexure C-9) and requested to recheck the Surveyor assessment. On this, the Surveyor prepared an addendum survey report dated 6.11.2015 (Annexure C-10) of Rs.5,36,966/-. However, in Addendum Report, the Surveyor neither allowed nor disapproved the EXCH-Turbo cost (i.e. Rs.1,42,347/-) with remarks that it would be confirmed only after dismantling the car and also did not approve loss of Rs.1,11,123/- towards parts mentioned in the addendum report at Sr. No.1, 8, 9, 10, 11, 12 & 13. Opposite Party No.3 vide email dated 3.9.2015 (Annexure C-11) (infact 03.10.2015) confirmed that Exch-Turbo was defective and same was very much in the knowledge of the Surveyor.

"The Exch-Turbo is a suspected part which might be damaged but it will be confirmed after the dismantling of the part. So it is kept Open."

15.       Subsequently, in his Motor Addendum Survey Report dated 6.11.2015 (Annexure C-10) also, which was submitted to clarify the reason for not considering the remaining parts in his previous assessment dated 29.10.2015, the Surveyor kept open the estimate assessed qua Exch-Turbo Charger viz. Rs.1,42,347.11. In this Addendum Surveyor Report, the Surveyor under "Remarks", recorded as under:-

16.       Further, the Surveyor in his Motor Addendum Survey Report dated 6.11.2015 (Annexure C-10) did not disallow the loss on account of Exch-Turbo Charger to the tune of Rs.1,42,347.11 and kept the same open for confirmation. It may be stated here that vide email dated 03.10.2015 (Annexure C-11), relevant part of which is extracted hereunder, Opposite Party No.3 found the Turbo Charger to be defective:-

"As per discussion during last joint meeting with Mr. Vinod from Insurance Company, Mr. Mohit Surveyor, your goodself, me and Tiwana Sir, we have removed the Turbo Charger and found it defective. Same has been updated and shown to surveyor Mr. Mohit also. Now we have reassembled the car and would request you to kindly give us approval to proceed further with a repair."

Since, Opposite Party No.3 confirmed the Turbo Charge to be defective, the same is to be included in the repair estimate. This email dated 03.10.2015 is prior to Motor Addendum Survey Report dated 6.11.2015. Apparently, the Surveyor gravely erred by not taking into account the sum of Rs.1,42,347.11 qua Exch-Turbo Charger, while assessing the loss.  

17.       Therefore, by adding the following amounts,  without applying any depreciation, as was done by the Surveyor wrongly, and by taking the estimated value of labour charges and service tax, the net assessed amount comes to Rs.17,51,480/-, which exceeds 75% of the Insured Declared Value of the vehicle, in question i.e. Rs.22,68,000.00:-