MASAUWAR HUSSAIN Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) HEARD the parties.

(2.) THE present writ application had been filed by a hirer of truck whose insurance claim for loss of hired truck was not being settled by the United India Insurance Company Limited. Pursuant to notice issued by this Court, the Insurance Company has settled the claim for a total loss. The grievance of the petitioner is that the claim payment has been made not to the petitioner but to the Finance Company who had given the vehicle to the petitioner under an agreement of hire purchase. His second grievance is that for the delayed settlement of insurance claim, the Insurance Company must compensate. His third claim is that the Finance Company is charging higher rate of interest for fixing the monthly hire charges. His fourth grievance is that maximum number of instalments, the petitioner has already paid and, as such, he was entitled to the insurance claim settlement amount.

(3.) THE second grievance of the petitioner is with regard to the compensation of delayed settlement of insurance claim. The writ application itself contains contemporaneous documents which show that material particulars were not furnished by the petitioner in time. Petitioner now disputes it. No sooner the particulars were supplied by the petitioner after filing the present writ application, the Insurance Company settled the claim almost within one week. In this disputed view of facts, this Court cannot award any interest.