ORIENTAL INSURANCE COMPANY LTD. Vs. MANGEJ SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant Insurance Company which was OP before the District Forum, Bikaner against the order dated 11.7.2006 passed by the District Forum, Bikaner in Complaint No. 334/05, by which the complaint of the complainant respondent was allowed against the appellant Insurance Company in the manner that the appellant Insurance Company was directed to pay a sum of Rs. 83,951, the amount as assessed by the Surveyor and further to pay Rs. 500 as amount of cost of litigation and Rs. 500 as amount of compensation for mental agony and if the above amount was not paid within one month the complainant respondent would be entitled to interest @ 9% p.a.

(2.) IT arises in the following circumstances:

(3.) THAT the complainant respondent had filed a complaint against the appellant Insurance Company before the District Forum, Bikaner on 13.12.05 inter alia stating that his truck bearing registration No. RJ.07/ G.5017 was got insured with the appellant Insurance Company for the period 30.4.2004 to 29.4.2005 for a sum of Rs. 7 lacs. It was further stated in the complaint that the said truck had met with an accident on 9.6.2004 near Ludhiana Chunki and as a result of which the truck in question was damaged and informtion of the incident was given by the complainant respondent to the office of the appellant Insurance Company and as per the case of the complainant respondent a loss of Rs. 1,65,000 was assessed, but that claim was repudiated by the appellant Insurance Company through letter dated 28.9.2004 on the ground that the Builty and weigh bridge slip in question were found forged one and since the complainant respondent was guilty of committing breach of trust on the principle of utmost good faith, therefore, the present complaint was filed.