ARUN KUMAR RUDRA PAUL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) WE have heard learned Counsel for the parties.

(2.) THIS appeal has arisen from the judgment dated 30.1.2008 passed by the District Forum,West Tripura, Agartala in CC -20 of 2006 whereby an amount of Rs. 34,800 has been awarded in favour of the appellant herein directing the insurer -respondent to pay the same within 30 days from the date of the order with a default stipulation that the amount shall carry interest @ 9% p.a. if not paid within that period.

(3.) BRIEF fact giving rise to the proceeding is that the appellant purchased one Commander Jeep bearing registration No -TR -01 -A -3616 in the year 2004 and insured the same with the National Insurance Company Ltd. the respondent herein, for the period from 21.5.2004 to 20.5.2005. On 29.5.2004 the said vehicle met an accident and suffered substantial damages. The insurer was informed about the accident and the Ranirbazar Police case was registered. With the consent of the insurer the vehicle was sent for repairs to M/s. Ramkrishna Engineering Works at Agartala. The appellant claimed compensation for Rs. 65,090 and submitted to the insurer all the relevant documents in support of the claim. A Surveyor was engaged by the insurer who made survey on different dates and submitted report assessing Rs. 14,726.03 as value of the spare parts and Rs. 11,350 as the labour charges for repair of the vehicle . The total amount recommended by the Surveyor was Rs. 24,776 after deducting policy excess of Rs. 1,500. But the insurer offered only Rs. 13,092 to the appellant in November, 2005 without giving any reason for not accepting the report of the Surveyor. The appellant being not satisfied approached to the District Forum claiming Rs. 65,090 as cost of repairs, compensation and interest.