The Oriental Insurance Co. Ltd v. Ravinder Singh Kang

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16622/2023 & CM APPLs. 66954/2023, 2236/2024 THE ORIENTAL INSURANCE CO. LTD.

..... Petitioner Through:

Mr. Abhishek Gola, Advocate.

versus RAVINDER SINGH KANG ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 12.02.2024 1.

The Petitioner has approached this Court challenging the Order dated 29.09.2023 passed by the Ld. National Consumer Disputes Redressal Commission (NCDRC) (hereinafter referred to as "National Commission") disposing of the First Appeal bearing No.341/2019. The State Commission by Order dated 25.10.2018 had directed the Petitioner to pay interest @ 9% per annum on the amount of Insurance Declared Value (IDV) of the car i.e., Rs.65,00,000/- from 11.04.2018. The National Commission by the Impugned Order has directed the Petitioner to pay compensation in the form of interest @ 9% per annum on the repair cost of the vehicle i.e., 28,50,000/- from the date of offer of repair on 21.07.2018 till the realization of the amount and apart from this, the Petitioner has been directed to repair the car in question.

2.

Learned Counsel appearing for the Petitioner draws attention of this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court to Re-inspection/Assessment of Loss report dated 30.04.2023 given by a surveyor A. S Kapoor who had inspected the vehicle. The conclusion of the said report reads as under:

3.

Learned Counsel appearing for the Petitioner, therefore, states that the aforesaid document, which strikes at the root of the calculation of compensation, had been filed before the National Commission with an application for permission to file additional documents, however, the same has not been considered by the National Commission. 4.

When this Court suggested to the learned Counsel appearing for the Petitioner that it would be appropriate for the Petitioner to approach the National Commission again by filing a review petition pointing out the error apparent on the face of record inasmuch as the aforesaid document has not been considered by the National Commission, the learned Counsel The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

appearing for the Petitioner seeks permission to withdraw the present writ petition with liberty to approach the National Commission by filing a review petition pointing out the aforesaid document which is bearing the material regarding the calculation of compensation.

5.

Permission and liberty, as sought for, are granted. 6.

It is stated by the learned Counsel for the Petitioner that the execution petition is listed before the State Commission today. It is open for the Petitioner to bring to the knowledge of the State Commission about the present Order passed by this Court today and get appropriate Orders. 7.

The writ petition is disposed of as withdrawn, along with pending application(s), if any. It is made clear that this Court has not made any observations on the merits of the case.

SUBRAMONIUM PRASAD, J FEBRUARY 12, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.