ORIENTAL INSURANCE CO Vs. RAJINDER KUMAR

JUDGEMENT

(1.) By medium of this writ petition, writ petitioner-insurer has questioned the orders passed by the Divisional Consumer Forum, Jammu-respondent No. 3 and J & K State Consumer Disputes Redressal Commission, Jammu-respondent No. 2, whereby whereunder complaint filed by respondent No. 1 came to be allowed on the grounds taken in the complaint.

(2.) Respondent No. 1 filed a complaint before the Divisional Consumer Forum, Jammu against the writ petitioner-insurer on the grounds that the vehicle bearing registration No. JKOL-6447 Video Coach was insured with writ petitioner-insurer vide Insurance Policy No. 262100131/2001/1699/301, which was valid from 26-10-2000 to 25-10-2001. The said vehicle met with an accident near Patta Todian Bimber Gali (Poonch) on 19-5-2001. The vehicle was totally damaged and the claim was made against the writ petitioner-insurer who deputed a Surveyor on 25-5-2001. The said Surveyor visited the spot and assessed the loss of the vehicle. The Surveyor also submitted his report for the assessed loss of the vehicle but the claim was not satisfied. After sometime writ petitioner-insurer deputed another Surveyor, namely, L. Mehta and Company who also assessed the loss and submitted the report and even despite that writ petitioner-insurer failed to settle the claim of the respondent No. 1 which constrained the respondent No. 1 to file complaint before the Divisional Consumer Forum, Jammu.

(3.) The writ petitioner-insurer resisted the complaint on the grounds taken in the objections. After hearing learned Counsel for the parties the complaint came to be allowed vide order dated 24-10-2005 and writ petitioner-insurer came to be directed to pay Rs. 4,98,500/- along with interest @ 6% p.a. w.e.f. 13-7-2001 till its realisation.