NIC Vs. HARDYAL ROHTA

JUDGEMENT

(1.) This Revision Petition is filed against the order dated 11.11.2003 passed by the State Consumer Disputes Redressal Commission, Himachal Pradesh, Shimla, in Appeal No. 174/2002, whereby the State Commission confirmed the order passed by the District Forum, which has directed the Insurance Company, Petitioner herein, to pay a sum of Rs.2, 73,500/ - with interest at the rate of 9% pa with costs of Rs.1, 000/ -.

(2.) Feeling aggrieved by the order of the State Commission, the Complainant has come in revision before us.

(3.) The facts in brief are that, undisputedly the Respondent/Complainant, Mr. Hardayal Rohta, had insured his truck with the Petitioner, M/s. National Insurance Company Ltd. (hereinafter referred to Insurance Company) for the period between 22nd May, 1998 and 21st May, 1999 for a sum of Rs.5.5 lakhs. The truck met with an accident on 16.10.1998 at 10.30 p.m. and the vehicle suffered extensive damage in the accident. On the basis of the information received from the Complainant, the Insurance Company appointed a Surveyor who had assessed the loss caused to the vehicle on total loss basis at Rs.2,73,500/ -. Instead of paying the said amount, the Insurance Company had offered to pay him Rs.1, 79,750/ - on non -standard basis, and the complainant has given his consent to receive the said amount on 4.10.1999. Thereafter, the Insurance Company did not pay the said amount for nearly ten months. Hence, the Complainant did not accept the said amount and filed a complaint before the Shimla District Forum, on 2.8.2000. 4.By its judgment and order dated 17.6.2002 passed in Complaint No.913/2000, the District Forum allowed the complaint and directed the Insurance Company to pay the sum of Rs.2,73,500/ - with interest at the rate of 9% pa from the date of the complaint with costs of Rs.1,000/ -.