National Insurance Company Ltd vs Sehtia Shoes on 26 February, 2008
Evidently she executed Ext.D4 discharge voucher voluntarily and on her free will and she collected sum of Rs.2,26,900/- (Rupees Two lakh twenty six thousand nine hundred only) in full discharge of her claim. She was aware of the contents and also purpose of Ext.D4 and it was executed on her free from any undue influence, coercion or compulsion. There is no case in the complaint nor in evidence that Ext.D4 is not acceptable as vitiated by fraud, undue influence, misrepresentation or the like. The Apex Court in (National Insurance Company Ltd V. Sehtia Shoes )
2008 CPJ Vol.II page 16 has held that in the absence of pleadings and evidence that the discharge voucher executed by the complainant was under fraud, undue influence, misrepresentation or the like it has to be accepted as voluntarily executed, and, where it is shown that the discharge voucher has been executed voluntarily in full and final settlement of the claim and the amount assessed towards damages paid by insurance company was collected without any protest or objection no complaint raising further claim can be entertained. The Forum below without taking note of the binding force of Ext.D4 discharge voucher executed by Complainant in full and final settlement of the claim with the insurance company had proceeded on a wrong tangent as if the claim of complainant has to be scrutinized on the basis whether there was total loss or not of her insured vehicle. In fact such an enquiry was barred and no claim from the complainant over any matter connected with the damage sustained to the insured vehicle was entertainable once she had voluntarily and freely executed Ext.D4 discharge voucher in full and final settlement of the claim over the damaged vehicle and and collected the sum assessed and paid by the insurance company. Order of the lower forum is patently erroneous and unsustainable in law and it is liable to be set aside.