UNITED INDIA INSURANCE COMPANY LIMITED Vs. DALIP SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17.10.2000 passed by District Forum, Rewari, whereby while accepting the complaint filed by the respondent -complainant, direction has been given to the appellant to release the amount of Rs. 14,225.60 Paise as loss assessed by the Surveyor along with interest @ 12% per annum to be calculated from 31.3.1999 with the direction to make the payment of the said amount within two months.

(2.) PUT shortly, the facts of the case are that the tractor bearing registration No. HR - 36 -B/5642 of the complainant -Dalip Singh was insured with the appellant -opposite party for the period 11.5.1998 to 10.5.1999. On 19.1.1999 the tractor was involved in an accident for which an F.I.R. No. 19 dated 28.1.1999 was registered with Police Station Sadar, Rewari under -Sections 279/337/427, IPC. An intimation regarding the accident was also given to the appellant. The Surveyor was deputed to assess the loss and the appellant had agreed to reimburse the amount spent on the repair of the tractor of the complainant. Accordingly, the complainant incurred expenses of Rs. 15,771.55 paise for carrying out the repairs of the tractor from M/s. Kishan Tractors, Rewari. All the documents related to the repairs and expenses incurred was submitted by the complainant to the appellant but he was surprised to receive an intimation dated 13.12.1999 wherein they had repudiated the claim. It is, thereafter, he invoked the jurisdiction of the District Forum seeking compensation amount of Rs. 15,771.55 paise along with interest @ 18% per annum from 3.2.1999 till its realisation and Rs. 10,000 as compensation for mental agony and harassment.

(3.) ON notice to the appellant, the complaint was contested. It was pleaded in the reply filed that after the intimation of the accident was received Shri Anil Juneja, Surveyor was deputed to visit the spot on 20.1.1999 in the presence of the complainant. It was further submitted that on 26.1.1999 final survey was conducted by Shri Yoginder Kumar, Surveyor and Loss Assessor. Thereafter, the loss to the tractor was assessed at Rs. 14,225.60 paise after deducting permissible depreciation subject to re -inspection of the vehicle and return of the salvage. It was further pleaded that the driving licence bearing No. 214. SDO/R/94/P which was valid upto 28.3.1999 issued by the Licencing Authority, Rewari in the name of Randhir Singh was meant for scooter, motor cycle, car, jeep only, the particulars of which were supplied by the complainant to them. It was further averred that the complainant was asked to produce the said licence before them but he failed to do so and for that reason the claim was repudiated and the complaint merited dismissal. The District Forum on appraisal of the pleadings of the parties and documents produced on record accepted the complaint and issued direction as noticed in the earlier part of the order. It is thereafter the present appeal has been filed.