NATIONAL INSURANCE CO. Vs. KRISHAN CHAND

JUDGEMENT

(1.) THIS appeal is directed against the order, dated 28.9.2010 passed by District Forum, Kullu, in Complaint Case No.49/2009, whereby the complaint of the complainant was partly allowed and opposite party No.1 was directed to pay to the complainant an amount of Rs.98,677 subject to deposit of salvage alongwith interest @ 9% per annum from the date of institution of the complaint till realization and in case the complainant fails to deposit the salvage within a period of one month, then opposite party No.1 was directed to pay the amount to the complainant after deducting the salvage value of Rs.2,200 from Rs.98,677. The opposite party No.1 was also ordered to pay to the complainant Rs.5,000 on account of compensation for harassment and Rs.2,000 as cost of the complaint. Parties are hereinafter being referred to as per their status in the complaint.

(2.) FACTUAL matrix of the case in brief is that the complainant who is owning vehicle Tata Indica (Xeta Model) which was registered as a taxi bearing No.HP -01 -K -1448 and was insured with the opposite party No.1 and this vehicle met with accident on 3.5.2009 when it was being driven by the driver Chuni Lal. Thereafter report was lodged with the Police Post, Prini and the Insurance Company was also informed about the accident who had deputed its Surveyor for assessing the loss. Thereafter, opposite party No.1 had advised the complainant to get the vehicle repaired from authorized Service Station and he got it repaired from opposite party No.2.

(3.) FURTHER averments are to the effect that after completion of the repairs, opposite party No.2 handed over a bill for a sum of Rs.1,48,093 to him and when he asked opposite party No.1 to settle the matter and pay the aforesaid amount, then they refused to admit his claim and as such deficiency of service was alleged on the part of the opposite party No.1 by the complainant.