Shri S.K.L. Shrivastava Natraj Darshan Housing Society, Dombivali Vs. the Administrative Officer the New India Assurance Co.Ltd., Mumbai - Court Judgment

SooperKanoon Citationsooperkanoon.com/1111182
CourtMaharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai
Decided OnAug-25-2009
Case NumberFirst Appeal No.1019 of 2003 (In Consumer Complaint No.130 of 2000)
JudgeShri S.R. Khanzode, Hon’ble Presiding Judicial Member Smt.S.P. Lale, Hon’ble Member
AppellantShri S.K.L. Shrivastava Natraj Darshan Housing Society, Dombivali
RespondentThe Administrative Officer the New India Assurance Co.Ltd., Mumbai
Advocates:Mr. Subodh Gokhale–Advocate for appellant Mr. A.S. Vidyarthi -Advocate for Respondent.
Excerpt:
oral order: per shri s.r. khanzode, honble presiding judicial member this appeal arises out of order/award dated 28/5/2003 passed in consumer complaint no.130/2000 shri s.k.l.shrivastava v/s. administrative officer, the new india assurance co. ltd. by central mumbai district consumer forum (‘forum below in short). admitted facts are that scooter bearing no.mav 2873 is insured with the respondent/original o.p. and it met with an accident as it was given dash by a car. insurance claim was made to the extent of rs.4825/- covering the costs of repair inclusive of labour. surveyor made the assessment to the extent of rs.1000/-. insurance claim was allowed accordingly. forum below also uphold the same. feeling aggrieved thereby, original complainant preferred this appeal. heard mr.subodh gokhale-advocate for the appellant. mr.a.s.vidyarthi-advocate for the respondent present and heard. vakalatnama filed by him taken on record. perused the record. complainant has made an insurance claim under the policy, cover of which was available upto rs.6000/-. complainant while preferring the claim also produced the original bills for repairs. the surveyor mr.vishnu rasam, who referred these bills, did not say that these bills were false, fictitious or excessive. however, he assessed amount of payable insurance claim to the extent of rs.1000/- against the amount of rs.4825/- of the bills. no reason is given as to why the assessed amount is so low than what has been of the actual expenditure. thus, the report of the surveyor is palpably arbitrary and, thus, cannot be accepted. insurance company did not give any other reason to repudiate the claim. forum below without assessing the material placed on record, blindly accepted the report of the surveyor and awarded compensation of rs.1000/- only. in a rejoinder filed of the complainant, it is categorically mentioned that he had maintained the scooter in good condition. repair bills were of the actual repairs carried out and those bills were not doubted by the surveyor also. we find no reason not to allow the claim of rs.4825/- as claimed by the complainant. survey report being arbitrary, as earlier observed, cannot be relied upon. hence we hold accordingly and pass following order:- order: 1. appeal is allowed with cost of rs.1000/-. 2. impugned order/award is modified. in para 2 of the operative part, instead of ‘rs.1000/- substitute the figure of ‘rs.4825/-. 3. appeal stands disposed of accordingly. 4. copies of the order be furnished to the parties.
Judgment:

Oral Order:

Per Shri S.R. Khanzode, Honble Presiding Judicial Member

This appeal arises out of order/award dated 28/5/2003 passed in consumer complaint no.130/2000 Shri S.K.L.Shrivastava v/s. Administrative officer, The New India Assurance Co. Ltd. by Central Mumbai District Consumer Forum (‘Forum below in short).

Admitted facts are that Scooter bearing no.MAV 2873 is insured with the respondent/original O.P. and it met with an accident as it was given dash by a car. Insurance claim was made to the extent of Rs.4825/- covering the costs of repair inclusive of labour. Surveyor made the assessment to the extent of Rs.1000/-. Insurance claim was allowed accordingly. Forum below also uphold the same. Feeling aggrieved thereby, original complainant preferred this appeal.

Heard Mr.Subodh Gokhale-Advocate for the appellant. Mr.A.S.Vidyarthi-Advocate for the respondent present and heard. Vakalatnama filed by him taken on record. Perused the record.

Complainant has made an insurance claim under the policy, cover of which was available upto Rs.6000/-. Complainant while preferring the claim also produced the original bills for repairs. The surveyor Mr.Vishnu Rasam, who referred these bills, did not say that these bills were false, fictitious or excessive. However, he assessed amount of payable insurance claim to the extent of Rs.1000/- against the amount of Rs.4825/- of the bills. No reason is given as to why the assessed amount is so low than what has been of the actual expenditure. Thus, the report of the surveyor is palpably arbitrary and, thus, cannot be accepted. Insurance Company did not give any other reason to repudiate the claim. Forum below without assessing the material placed on record, blindly accepted the report of the surveyor and awarded compensation of Rs.1000/- only. In a rejoinder filed of the complainant, it is categorically mentioned that he had maintained the scooter in good condition. Repair bills were of the actual repairs carried out and those bills were not doubted by the surveyor also. We find no reason not to allow the claim of Rs.4825/- as claimed by the complainant. Survey report being arbitrary, as earlier observed, cannot be relied upon. Hence we hold accordingly and pass following order:-

Order:

1. Appeal is allowed with cost of Rs.1000/-.

2. Impugned order/award is modified. In para 2 of the operative part, instead of ‘Rs.1000/- substitute the figure of ‘Rs.4825/-.

3. Appeal stands disposed of accordingly.

4. Copies of the order be furnished to the parties.