INDERJEET SINGH BALIA Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) HEARD learned Counsel for the respondent and with his assistance record of the complaint file has been examined. This case was listed on 16.10.2008 at Mandi, when appellant was not present. Notice was ordered to be issued to him for today at Shimla. As per office report he is duly served. He is neither present in person, nor is it represented by anyone. As such the matter has been heard and is being disposed of in his absence.

(2.) APPELLANT filed complaint alleging unfair trade practice on the part of the respondent at the time of issuing insurance policy for the period 24.10.2005 to 23.10.2006. As according to him terms and conditions of the policy subject to which it was issued were not explained to him. He was also not informed regarding extra loading of Rs. 1,758.60 paise. In addition to this, appellant further pleaded that he was not made aware regarding terms and conditions of the insurance policy to the effect that own damage claim of Rs. 21,000 was not payable to him by the respondent -Insurance Company.

(3.) DURING the course of the aforesaid policy of insurance, insured vehicle met with accident on 4.3.2006. Appellant informed the respondent who admittedly deputed Surveyor to assess the loss. For this purpose respondent obtained the service of Mr. M.L. Gupta a qualified automobile engineer. He was deputed to survey and assess the loss, which he did and according to him loss caused to the vehicle due to accident was in the sum of Rs, 6,105 and on account of application of additional excess clause of insurance policy, it was not payable because it was less than Rs. 21,000. Thus according to him nothing was payable.