Neerja Singh, Member:

1. This appeal is by the opposite party, the National Insurance Co. Ltd. aggrieved by the order dated 4.5.2007, passed by District Consumer Disputes Redressal Forum, Ratlam, directing them to pay र 1,79,508, towards repair of the vehicle, and costs of र 500.

2. The facts in brief are that the respondent's vehicle, a Tempo Trax, which was insured with the appellant Insurance Company, met with an accident on 22.3.2004. The respondent states that she spent र 1,90,962 on the repair of the vehicle by the authorized dealer. The Surveyor assessed the net liability at र 1,21,000. However, the Insurance Company repudiated the claim on the ground that the vehicle was being used commercially, which was a violation of the terms of the policy.

3. The Forum below, after duly considering the evidence on record, came to the conclusion that there was nothing to support the appellant's contention that the vehicle was being used commercially. Even otherwise, the appellant themselves have filed the report of Mr. K.M. Thombre, Surveyor, who was asked to do a fact finding of the claim. In his report, he concludes - "there is no authentic proof/statement of the passengers of insured vehicle that the insured vehicle was on hire basis at the time of the accident". We, therefore, see no reason to differ with the finding of the Forum, as regards the usage of the vehicle.

4. However, the Forum has erred in awarding the sum of र 1,79,508 towards the repairs of the vehicle, on the basis of the bills filed on record. Awarding the total amount claimed by the respondent and ignoring the Surveyor's report without specifying any reason, is incorrect. The Surveyor, Pankaj Gahoi, has assessed the total loss at र 1,30,467. After deducting the salvage and compulsory excess, the net liability is र 1,21,000. We see no reason to doubt the correctness of the assessment as made by the Surveyor.

5. In the result, the appeal is partly allowed. The appellant are liable to pay to the respondent a sum of र 1,21,000. In pur

suance of our directions, dated 29.8.2007, the appellant has already deposited र 1,21,000 with the District Forum. The same is permitted to be withdrawn by the respondent. No order as to costs. Appeal partly allowed.