NEW INDIA ASSURANCE CO LTD Vs. AJAY KUMAR

JUDGEMENT

(1.) Being aggrieved by the order of the District Forum, Bathinda dated September 6, 1999, whereby the opposite parties have been directed to pay to the complainant an amount of Rs.3,60,000/- with interest @ 12% p. a. , w. e. f.1.4.1997 till the date of payment alongwith costs of Rs.1,000/-, the opposite parties are in appeal before us.

(2.) The main grouse of the opposite parties is that since the complainant has given a consent letter dated 21.7.1997 voluntarily and with his full consent to accept Rs.3,27,500/- so he is legally estopped to claim in excess.

(3.) According to the complainant he had purchased one Tata Sumo Registration No. PB-044-3636 for the sum of Rs.3,54,759/- after obtaining loan from SRF Finance LTD. The complainant took comprehensive insurance policy including theft of the said Tata Sumo for a sum of Rs.3,60,000/- from opposite party No.1 vide Cover Note No.88263 for the period from 19.12.1996 to 18.12.1997. On the intervening night of 31.12.1996 and 1.1.1997 at 9.00 p. m. he parked the vehicle at Hotel Panj Rattan. When he came out of the hotel on 1.1.1997 at 1.30 a. m. he did not find his Tata Sumo, as the same was stolen away. He intimated to the opposite party No.1 regarding the theft of the vehicle and fulfilled all the formalities. The opposite parties failed to release the payment of the claim. Hence the complaint before the District Forum was filed on 14.1.1998.