ORIENTAL INSURANCE CO LTD Vs. D N BADONI

JUDGEMENT

(1.) THIS is an appeal against the order dated 27.9.2003 passed by the District Forum, Dehra Dun whereby the complaint of the complainant was allowed and the Insurance Company was directed to pay a sum of Rs. 90,670 to the complainant for repairs of the vehicle and Rs. 5,000 as compensation and Rs. 2,000 as cost of litigation. It was further directed that in case of non -payment within time, the complainant shall get interest @ 9% on Rs. 90,670 from 24.3.2000 till the date of payment.

(2.) THE brief facts of the case are that the complainant got insured his tanker No. UP07D -9877 with the opposite party Insurance Company from 3.11.1997 to 2.11.1998. It is alleged that the risk of accident by external means was also covered under the policy. The complainant paid a premium of Rs. 8,202. It is said that on 15.10.1998 the vehicle was buried under snow at Malari near ITBP camp where it had gone to deliver a cargo of oil. The road leading to the accidented site was washed away, therefore, in June next year it was possible to reach the accidented site after melting of snow. This resulted in total loss of the vehicle. Information was given to the Insurance Company and on 23.12.1998 the complainant wrote a letter to the Insurance Company but no action was taken. He again sent a letter to the Insurance Company on 15.3.1999 and claimed compensation from the Insurance Company. The Insurance Company appointed Sh. Kamal Kumar Naithani Surveyor on 15.3.1999 for the assessment of loss but the Surveyor could not reach the spot. He reached the spot on 16.6.1999 and he asked the complainant to bring the vehicle to Dehra Dun. The complainant brought the vehicle to Dehra Dun and informed the opposite party vide his letter dated 23.6.1999 and the opposite party asked the complainant to produce the estimate of repairs. The estimate was produced for Rs. 93,340. Thereafter the Insurance Company appointed Sh. B.B. Garg Surveyor for final survey who checked the papers regarding the vehicle but no action was taken by the opposite party regarding payment of claim. Then the complainant himself got the vehicle repaired, in which he spent a sum of Rs. 90,677. The complainant suffered a loss of Rs. 2,40,177. The complainant produced the claim for Rs. 3,40,670 including interest on the above amount. The complainant complained the matter to the senior officers of the Insurance Company. On 9.12.1999 the Regional Manager of the Insurance Company informed the complainant that his claim has been allowed for a sum of Rs. 3,715 only and also sent a discharge voucher for signatures. It is further said that there is deficiency in service of the opposite party in not paying the claim to the complainant on total loss basis, therefore, he filed the complaint.

(3.) THE Insurance Company filed written statement and alleged that the case is not that of total loss. The complainant has not spent a sum of Rs. 90,677 in the repairs of the vehicle. The complainant has not suffered a loss of Rs. 2,40,177. There is no deficiency in service of the Insurance Company. The Forum has got no jurisdiction in the matter. The tanker is a commercial vehicle, therefore, the complaint is not maintainable. The vehicle did not meet with any accident. The complaint is bad for non -joinder of necessary parties.