Research › Search › Judgment

Uttarakhand High Court · body

2005 DIGILAW 26 (UTT)

UNITED INDIA INSURANCE CO. LTD. v. AMEENA BEGUM

2005-02-11

K.D.SHAHI, LUXMI SINGH

body2005
ORDER Mr. Justice K.D. Shahi, President—This is an appeal against the order dated 24.3.2004 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant was allowed. 2. The Vehicle of the complainant was insured. It met with an accident. The complainant made the claim to the Insurance Company, which did not pay the claim, hence the complaint was filed. The learned Forum has allowed a sum of Rs. 14,000/- as compensation for the repairs of the vehicle and cost of litigation of Rs. 1,000/-, against which order the present appeal has been filed. 3. Notices were issued to the opposite party/complainant but she did not appear. When all the modes of service have been exhausted, the opposite party was served through publication but still the opposite party did not appear, hence we proceeded to hear the appellant ex parte. 4. On merits, it is written in the judgment of the learned Forum that the Surveyor of the Insurance Company has assessed the loss to Rs. 29,103/-, whereas given the final assessment of loss of Rs. 7,423/-. On what basis he arrived at this conclusion has not been given, therefore, the learned Forum allowed the compensation of Rs. 14,000/-. We also do not know on what basis the learned Forum has allowed Rs. 14,000/-. We have not to make a compromise amount to settle the claim. We have either to accept the report of the Surveyor or to totally discard it. The report of the Surveyor is before us. He has assessed the net loss of Rs. 7,423/- only and he has also assessed the salvage for Rs. 1,500/-. 5. The crucial point in this case was that there was no fitness certificate and a vehicle cannot be driven on road unless it has got a valid fitness certificate. Ordinarily the total claim should have been rejected merely on this ground but since the vehicle was being driven and there is nothing that it was unfit to be driven, we may allow the complaint to the minimum amount assessed by the Surveyor. We find that after deducting Rs. 1,500/-, price of the salvage from the net loss assessed by the Surveyor, the complainant is entitled to Rs. 5,923/-. The order under appeal is to be modified accordingly. ORDER The appeal is hereby partly allowed and partly dismissed. The order of payment of cost of Rs. We find that after deducting Rs. 1,500/-, price of the salvage from the net loss assessed by the Surveyor, the complainant is entitled to Rs. 5,923/-. The order under appeal is to be modified accordingly. ORDER The appeal is hereby partly allowed and partly dismissed. The order of payment of cost of Rs. 1,000/- is hereby quashed. It is hereby directed that the complainant shall get a sum of Rs. 5,923/- as compensation. The order of payment of interest shall remain intact. Cost of this appeal shall be easy. Appeal partly allowed.