NEW INDIA ASSURANCE COMPANY LIMITED Vs. TARLOK SINGH

JUDGEMENT

(1.) This is an appeal against order dated 10-4-2001 of the J&K State Consumers Protection Commission. Jammu (hereinafter for short referred to as "the State Commission"), by which the State Commission has awarded a sum of Rs. 75.000/- with 12% interest per annum payable three months after the filing of the FIR, as there is no dispute about the assessment of the loss and the said amount was directed to be paid to the claimant by the Insurance Company within six weeks from the date of the order.

(2.) Facts relevant for the disposal of this appeal are not at variance and may be noticed. A truck bearing Registration No. MWY- 6074 owned by the Complainant was registered and plied in Maharashtra. That the truck was insured with the appellant, New India Assurance Company Limited, for a sum of Rs. 1.50- lacs. The insurance of the truck was valid from 9-12-1988 till 8-12- 1989. A theft in respect of the truck is stated to have been committed on 18-9-1989 when it did not reach its place of destination at Yavatmal, Nagpur. A complaint in respect of the theft of the truck was lodged by the owners with the Police Station on 18-11-1989. two months after the alleged occurrence. Neither an FIR was lodged nor the investigation conducted in respect of the theft of the truck. A final concluding report made by the Police disclosed that neither the truck nor the driver has been traced out. The claim, however, came to the preferred by the Complainant with the Insurance Company in respect of the loss of the truck in theft on 26-12-1989. The Insurance Company, however, repudiated the claim of the Complainant on the ground that neither an FIR regarding theft of truck was lodged nor the enquiry in the case was conducted. According to them, no offence of theft has been committed. The Company further found foul play in the case and rejected the claim of the respondent. A complaint was filed by the respondent, Tarlok Singh, before the State 85 Consumers Protection Commission, under the Consumer Protection Act in Jammu for award of compensation by way of the insurance claim against the respondent/appellant in respect of loss of his vehicle in theft. The State Commission allowed the complaint and awarded Rs. 75,000/- with 12% interest payable three months after the filing of the FIR, as compensation in respect of the loss of the vehicle in theft, which became the subject-matter of appeal in this Court.

(3.) We have heard Mr. R. K. Gupta, learned counsel appearing for the appellant, as well as Mr. P. L. Koul, learned Advocate for the respondent, in extenso. We have also gone through the record of the file meticulously.