NEW INDIA ASSURANCE CO. LTD. Vs. HARVINDER SINGH

JUDGEMENT

(1.) THIS appeal by the OP is directed against the order dated 5.3.2010 of the CDRF Central, Maharana Pratap Bus Terminal, Kashmere Gate, Delhi whereby the complaint of the respondent was allowed and the appellant was directed to pay Rs. 6,33,221 with interest @ 9% p.a. and also Rs. 20,000 as compensation and Rs. 5,000 as litigation charges.

(2.) BRIEF facts are that the complainant/respondent is the owner of the vehicle No. DL -1P -C -7676 a TATA bus which was used by the complainant for playing the tourist roots for the purpose of his living. The said vehicle was insured with the OP/Appellant for a sum of Rs. 10,94,721 for the period from 20.11.2006 to 19.1.2007 and it was covered against the comprehensive risk including the risk of the accident. Unfortunately, on 20.6.2007 the vehicle was carrying tourists around Dharamshala in Himachal Pradesh and it fell into a khud file endorsing of difficult turn near Dharamshala. In consequence thereof, several persons died/sustained injuries in the accident and the Bus was also extensively damaged. The Bus was brought to Delhi and complainant/respondent obtained a repair estimate from D.V. Motors, authorized agent of TATA motor vehicles. The complainant also informed about the accident on the next date of accident of bus to OP/appellant. The OP/appellant appointed Surveyor to survey the vehicle on the spot, who valued the salvage of Rs. 4,00,000 and recommended the claim for sum of Rs. 6,94,721 after deducting the salvage. The concurrence of the complainant/respondent was obtained and the salvage was handed over to the buyer nominated by the Surveyor of the OP/Appellant. The claim was not settled in spite of service of the legal notice.

(3.) THE District Forumvide order dated 5.3.2010 has allowed the complaint and directed the appellant/OP to pay a sum of Rs. 6,33,221 with interest @ 9% p.a. from the date of the report of the Surveyor till the realization of the amount. In addition to this, the appellant/OP was also directed to pay Rs. 20,000 as compensation and Rs. 5,000 as litigation charges.