NATIONAL INSURANCE CO Vs. SHAKUN

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 24.9.2001 in Complaint No. 18/1994 by the District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the District Forum for short) directing the appellants to pay to the complainant Rs. 3,62,240/ - with interest @ 10% per annum besides cost of the complaint.

(2.) THE original complainant Kishan Daga was a businessman dealing in the purchase and sale of edible oil, under the name of Mukund Traders, at Rajnandgaon. He had obtained Marine Open Policy from respondent No. 2 National Insurance Co. covering the risk for the period from 29.4.1991 to 28.4.1992. It was averred in the complaint that the complainant purchased mustard oil for Rs. 3,62,934/ - from one Anita Trading Company at Sumerpur (Rajasthan) for being supplied to Ganesh Oil Products Ltd., Bairagarh (Orissa). The complainant Kishan Daga, thereafter, obtained a tanker, for transportation of oil from Sumerpur to Bairagarh bearing registration No. RSB -8021 through the respondent No. 3. The said vehicle, (tanker) was owned by respondent No. 4. It was also averred that mustard oil was filled up in the tanker in Sumerpur on 16.9.1991. The complainant further averred that he informed the appellant No. 2/insurer about the value and despatch of the consignment of mustard oil as above, and submitted the requisite declaration.

(3.) FURTHER averments of the complainant/respondent No. 1 were that as the price of the oil despatched by him, was not received from the consignee Ganesh Oil Products of Orissa, he made inquiries in the matter, whereupon, he came to know that the tanker met with an accident and got damaged near Narsinghgarh, in the intervening night of 3rd and 4th October, 1991. He sent a written report to the police. He also sent intimation of the incident to appellant No. 2 at Bhopal. The insurer appointed Surveyor Anil B. Verma. The said Surveyor Anil B. Verma submitted his report on 13.2.1992, intimating the appellant/insurer that the complainants suffered a loss of Rs. 3,60,800/ -. The claim form was also submitted by the complainant to the appellant on 17.1.1992 claiming damages. The amended claim form was thereafter submitted by him on 30.1.1992. The appellant/insurer though demanded from the complainant several documents from time to time which were also duly furnished by the complainant. However, his claim was not settled by the appellant/insurer, despite lapse of long time. Hence he filed the complaint in the District Forum on 2.3.1994.