ORIENTAL INSURANCE CO LTD Vs. HARDYAL SINGH NEGI

JUDGEMENT

(1.) SINCE these appeals have arisen out of the order passed by District Forum, Shimla, in Complaint No.27/2005 on 13.3.2007, as such they were heard together and are being disposed of by this common order.

(2.) ADMITTED facts giving rise to these appeals are that Shri Hardayal Singh Negi, hereinafter referred to as the complainant, got his vehicle bearing Registration No.HP -26 -0168 insured with the respondents in the sum of Rs.7,50,000/ -. It met with accident on 21.12.2001 during the validity of the Insurance policy. Shri R.S. Gill was deputed as Surveyor to assess the loss. When the claim was not settled, the complainant filed a complaint in this Commission against the Oriental Insurance Co. Ltd. and its Branch Manager at Parwanoo, to be hereinafter referred to as the Opposite Parties (OPs) Nos. 1 and 2 respectively. During the course of proceedings in this complaint, it was pleaded by the OPs that they were ready and willing to settle the claim in the sum of Rs.2,92,190/ - as full and final payment on deposit of salvage and requisite documents. This was registered as Complaint No.7 of 2002. Order passed on 22.11.2002 in this complaint by this Commission was to the following effect: -

(3.) IT appears that when his claim was not settled, the complainant filed Execution Petition No.3 of 2003 for executing the order passed in Original Complaint No.7 of 2002,. Operative portion of the order passed in this execution petition was to the following effect: -