Insurance firm told to pay out for damage in car collision with cow

A Panchkula resident whose car suffered extensive damage after colliding with a stray cow at night but was refused full claim of repair by the insurance company has found justice through the UT Consumer Disputes Redressal Forum.

Written by Express News Service | Chandigarh | Published:April 2, 2012 12:15 am

A Panchkula resident whose car suffered extensive damage after colliding with a stray cow at night but was refused full claim of repair by the insurance company has found justice through the UT Consumer Disputes Redressal Forum.

President of the Forum PD Goel and Members Rajinder Singh Gill and Dr Madanjit Kaur Sahota have directed the insurance firm to pay the balance sum of Rs 29,614 to the complainant. The Forum has also directed the firm to pay Rs 15,000 to the complainant as compensation for the harassment caused to him,and Rs 10,000 as litigation costs.

In his complaint,Umesh Chander Gupta of Sector 9,Panchkula,stated that his Maruti Swift Desire met with an accident in October 2009,after hitting a stray cow. Gupta said that he spent Rs 69,005 on the repair. But the surveyor appointed by the insurance company disallowed a major portion of repairs and assessed the claim for Rs 26,588. As a result,Gupta had to pay Rs 43,776 to the dealer from his own pocket. Aggrieved,he filed a case against the insurance company.

In its reply,the company claimed that the claim had been rightly assessed by the surveyor,and no other amount beyond the assessment was due to the complainant.

The Forum observed that the company had not assessed the claim amount correctly and stated that the surveyor had struck off the claim on various repair jobs without assigning any reason. The Forum held that the surveyor’s report was sketchy in nature.

The order given by the Forum stated: “It is a settled principal of law that the report of the surveyor is to be accepted as he is an independent person. But it can be differed with on certain points,in case the surveyor has not applied his mind properly and has also not made a proper assessment.”

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