National Insurance Co. Ltd vs Keshav Bahadur And Ors on 20 January, 2004
From the record it is established that there was
complete damage of the body shell of the vehicle and estimated loss of which
was assessed at Rs.1,48,557.86. Admittedly, after the
accident the car was handed over to M/s Khanna Car
Plaza Pvt. Ltd. on 06.06.2007 for repair and on receipt of information, the
opposite parties had deputed Shri M.L. Garg, Surveyor to assess the loss to the vehicle. On the
asking of surveyor, M/s Khanna Car Plaza Pvt. Ltd.
had prepared an estimate about the repair of the car for which the complainant
had paid rs.11,236/- to the workshop of M/s Khanna Car Plaza Pvt. Ltd. and M/s Khanna
Car Plaza Pvt. Ltd. had prepared an estimate of Rs.6,13,224.32 . As per the
estimate prepared by M/s Khanna Car Plaza Pvt. Ltd.,
the car was not repairable and it was a case of total loss of the vehicle.
However, at the same time it has to be kept in mind that the vehicle was
insured for Rs.4,26,864/- and therefore, the
complainant cannot be compensated beyond the insured amount. Thus, under the
facts and circumstances of the case we feel that the complainant has rightly
been awarded Rs.4,26,864/- i.e. the insured amount.
However, at the same time we do not subscribe with the compensation of Rs.100/-
per day awarded to the complainant w.e.f. 1.8.2007
till the actual payment to the complainant which is virtually against the Consumer
Protection Act in view of the judgment rendered in case cited as National Insurance Company Limited Vs. Keshwav Bahadur and others
reported in 2004 ACJ 648. Accordingly, awarding of compensation of Rs.100/-
per day which is totally arbitrary, uncalled for and unwarranted in the eyes of
law is set aside. However, no interference with respect to the remaining part
of the impugned order passed by the District Forum.