Nazir Ahmed Shah Age 47 Years vs Truck No. 7417-Jks Owned By The ...
2023 Latest Caselaw 2249 j&K

                                                                Sr.No. 09


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                 OWP No.738/2013

Nazir Ahmed Shah Age 47 years                         .... Appellant(s)/Petitioner(s)
S/o Gh. Mohd. Shah
R/o Tethar, Tehsil Banihal, District Ramban.


                   Through :- Mr. Qadri Towkeer Nazir, Advocate.

         V/s


1. National Insurance Co. Ltd.
Regional Office-11
SCO 337-340, Sector 35-B, Chandigarh.

2. Branch Manager
National Insurance Company Ltd.
Udhampur.

3. National Insurance Company Ltd.
Regional Office-1
Shalimar Road, Jammu
Through its Divisional Manager, S.C.
Juneja.
                   Through :- Mr. Suneel Malhotra, Advocate.

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
       HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
                             JUDGMENT(Oral)

10.10.2023.

Sanjeev Kumar-J

1. Truck No. 7417-JKS owned by the petitioner met with an accident at

Mirzapur Kashikot in District Anantnag and suffered extensive damage. On the

basis of the report submitted by the surveyor who visited the spot and examined

the vehicle, the petitioner was offered the claim on repair basis. This was not

accepted by the petitioner who filed the complaint before the Divisional

Consumer Forum, Jammu on 14.12.2002. The complaint was decided by the

forum vide its order dated 16.02.2006. The petitioner was held entitled to

indemnification on the basis of total loss market value basis and an amount of

Rs. 1,03,500/- along with six percent interest and litigation expenses of Rs.

2000/- was awarded in favour of the petitioner. The petitioner was also held

entitled to retain salvage of the truck in question. This order was assailed by the

respondent-insurance company before the J&K State Consumer Dispute

Redressal Commission, Jammu ["the Commission"] in appeal No. 3017/08. The

appeal filed by the respondent-insurance company was partly allowed and the

petitioner herein was found entitled to an amount of Rs. 57,465/- only on loss on

repair basis. The petitioner was also held entitled to six percent interest and Rs.

2000/- as litigation charges. It is this order of the Commission dated 23.12.2008

which is called in question before us.

2. The petitioner claims that he is entitled to be compensated on the basis

of total loss market value basis and is entitled to be paid a compensation of Rs.

1,03,500/- with option to retain the salvage.

3. Per contra, Mr. Suneel Malhotra, learned counsel appearing for the

respondent-insurance company submits that the order of the Commission

deserves to be upheld as the petitioner is entitled to be paid the compensation on

repair basis as is recommended by the surveyor appointed by the company.

4. Having regard to the fact that the respondent-insurance company has

already deposited the total amount awarded by the Commission and the claim

raised by the petitioner is very small and meager, we persuaded both the parties

to enter into amicable settlement. We are happy to note that both the counsel

appearing for the parties responded positively.

5. On the basis of agreement of both the parties, we dispose of this

petition by directing the respondent-insurance company to pay sum of Rs.

40,000/- in addition to the amount already deposited within a period of four

weeks from today.

6. The petitioner shall be free to withdraw the amount deposited before

the Divisional Consumer Forum, Jammu and the J&K State Consumer Disputes

Redressal Commission, Jammu along with interest earned thereupon subject of

course to proper verification and identification.

7. Record of the Divisional Consumer Forum, Jammu and the

Commission be returned.

                                   (Mohan Lal)                   (Sanjeev Kumar)
                                     Judge                            Judge

Jammu:
10.10.2023.
Neha-1


                                   Whether the order is speaking: Yes/No
                                   Whether the order is reportable: Yes/No