UNITED INDIA INSURANCE COMPANY LIMITED Vs. RISHI KESH

JUDGEMENT

(1.) THIS appeal has been received by transfer from Haryana State Consumer Disputes Redressal Commission against order dated 17.12.1999 passed by District Consumer Disputes Redressal Forum, Hisar (for short hereinafter to be referred as District Forum) in Complaint Case No. 926 of 1998 : Rishi Kesh v. United India Insurance Company Limited.

(2.) BRIEFLY the averments made in the complaint are that the complainant is the owner of Tata Truck bearing No. HR -39/4553 Model 1986, which was insured with the OP for the period from 7.6.1997 to 6.6.1998 and the premium of Rs. 14,440 was paid. On 30.12.1997 at about 6 a.m. as this truck was coming from Village Jamalpur, due to fog it struck against a kikar tree while trying to give side to another on -coming truck. The truck was thus damaged and D.D.R. No. 35 was registered with the Police Station City Hansi and a claim was lodged with the OP. M/s. P.D. Aggarwal Associates were deputed for spot survey and Shri I.B. Mehta for final survey. It has been alleged by the complainant that he has spent Rs. 2 lakh on the repair of the truck. However, the OP rejected the claim as No Claim and hence, this complaint praying for direction to be given to the OP for payment of Rs. 2 lakh i.e. amount of loss caused to the vehicle along with interest @ 18% per annum from the date of accident till payment.

(3.) THE version of the OP is that the claim has been rightly repudiated on 13.3.1998 as per the report of the surveyor. It has been further clarified that the damage to the engine is due to some mechanical breakdown and the other items such as front grill; chamber and radiator have been tampered with.