LAWS(DELCDRC)-2009-12-2

VILASH NAGAL Vs. UNITED INDIA INSURANCE CO. LTD.

Decided On December 10, 2009
Vilash Nagal Appellant
V/S
UNITED INDIA INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) THE brief facts of the case are that a vehicle Swaraj Mazda (Truck) bearing registration No. DL -1 -M -0976 belonging to the complainant/ appellant was insured with the OP/Respondent - United India Insurance Company for a period of one year from 31.7.2002 to 30.7.2003 for an amount of Rs. 5,50,000. The appellant/ complainant held the permit for plying the vehicle in four territories namely Delhi, Madhya Pradesh, Rajasthan and Haryana having validity from 13.8.2001 to 12.8.2008, issued by Secretary, State Transport Authority, Delhi.

(2.) THE vehicle met with an accident on 5.7.2003 between Jind (Haryana) and Khanori (Punjab). The complainant/ appellant got the vehicle repaired and incurred an expenditure of Rs. 1,84,000 , towards it. He thereafter lodged a claim before the Respondent/OP - Insurance Company to indemnify the incurred amount, which the OP Insurance Company declined.

(3.) THE complainant, therefore, filed a complaint before District Consumer Forum alleging that the Surveyor of the Insurance Company had assessed the loss of the complainant and prayed for passing an award of Rs. 1,84,000 incurred towards repairs with interest @ 18% p.a. and also the compensation of Rs. 2 lacs in his favour against the OP Insurance Company.