ORIENTAL INSURANCE COMPANY LTD. Vs. MANGAL CHAND

JUDGEMENT

(1.) Appellant is aggrieved by the order dated 17.01.2014, of learned District Consumer Disputes Redressal Forum, Kullu, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against the appellant, by respondent -Mangal Chand, has been allowed and a direction given to the appellant to pay a sum of Rs.11,90,000/ -, by way of insurance claim, with interest at the rate of 9% per annum, and also to pay Rs.5,000/ -, as compensation, and another sum of Rs.2,000/ -, by way of litigation cost.

(2.) Admitted facts are that the respondent owned a Roller L&T, 450AK, which was insured with the appellant for the period from 31.07.2009 to 30.07.2010, in the sum of Rs.11,90,000/ -. On 22.10.2009, respondent lodged a report with the Police (at Police Station Pangi), that on that very day, when the road roller was parked by the side of the road, retaining wall of the road gave way and the roller fell into the river. Claim was lodged with the appellant to pay the sum assured. A Surveyor was deputed by the appellant, who reported that the roller had, in fact, fallen into the river because of sagging of the retaining wall. He, however, assessed the loss at Rs.8,37,500/ -, after making a cut at the rate of 25% on account of depreciation, Rs.25,000/ - on account of salvage value and Rs.30,000/ -, on account of excess clause.

(3.) Appellant did not settle the claim. Respondent, therefore, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, which was registered as Consumer Complaint No.74/2011. The same was disposed of vide order dated 06.07.2012, of the learned District Consumer Disputes Redressal Forum, Kullu, with a direction to the appellant to settle the claim within thirty days of the submission of certain documents by the respondent -complainant. Right was reserved to the respondent to file a fresh complaint, on the same cause of action, in case he was dissatisfied with the decision, which the appellant was to take in accordance with the aforesaid direction contained in the order dated 06.07.2012.