NEW INDIA ASSURANCE COMPANY LIMITED Vs. PRADEEP KUMAR

JUDGEMENT

(1.) In this appeal, by special leave, the appellant, New India Assurance Company Ltd. (for short, 'insurance company') has challenged the order dated September 14, 2001, passed by the National Consumer Disputes Redressal Commission (for short 'National Commission'). By its order the National Commission dismissed the revision petition filed by the insurance company under Section 21(b) of The Consumer Protection Act, 1986 (for short, 'Act 1986') and affirmed the concurrent orders of State Commission for Redressal of Consumer Disputes, Uttar Pradesh, Lucknow (for short, 'State Commission') and Resident Consumer Disputes Redressal Forum, Uttarkashi, (for short 'District Forum') whereby the insurance company has been directed to pay a sum of Rs. 1,58,409/- along with interest at the rate of 12% per annum to the respondent Pradeep Kumar (for short 'complainant').

(2.) The complainant is the owner of a heavy motor vehicle (open body truck) bearing registration No. UP-07 F- 9095. The vehicle was registered on January 2, 1997 and was insured vide Policy No. 31/04825 effective for the period from November 8, 1997 to November 7, 1998. The said vehicle loaded with potatoes met with an accident on September 29, 1998, at Suman Kayari, near Nain Bagh, District Tehri (Garhwal). The vehicle fell down into khud 300 feet deep below the road. As a result of the accident, Murari Rawat, driver of the truck, died. The accident was reported at Police Station Patwar, Kharsot on September 30, 1998.

(3.) The complainant claimed the expenses incurred by him for repair of the truck from the insurance company and the interest paid by him to the State Bank of India, Uttarkashi as he obtained loan from that bank for repair of the truck. A legal notice is also said to have been sent by the complainant to the insurance company but of no avail. The complainant then approached the District Forum alleging deficiency in service by the insurance company and claimed an amount of Rs. 1,58,409/- along with interest at rate of 18% per annum.