NEW INDIA ASSURANCE COMPANY LIMITED Vs. LAXMAN SINGH

JUDGEMENT

(1.) The above referred appeals have been filed against the judgment and order dated 19.4.1993 passed by District Consumer Forum, Dehradoon in Complaint Case No.829/92. Hence they are being taken up together and disposed off by a common judgment.

(2.) The facts of the case stated in brief are that Truck No. UGY-8505 belonging to the complainant Sri Laxman Singh was insured with the New India Assurance Company Limited from 26.11.1990 to 25.11.1991 for a sum of Rs.2,60,000/-. This truck met with an accident on 9.7.1991 for which a claim was filed. The complainant filed a claim of Rs.96,534/- with interest at the rate of 24% per annum. According to the complainant, he had spent a sum of Rs.1,22,894/- in repairing the truck for which the claim was made. The Surveyor assessed the damage at Rs.63,208/- but the claim was repudiated on 13.10.1992.

(3.) The opposite party in the written version admitted the accident but alleged that after the enquiry, it was disclosed that about 17 passengers were travelling in the truck at the time of accident out of which 12 persons were admitted to the hospital and six had died. As the terms and conditions of the insurance policy were contravened, hence the claim was repudiated. The opposite party also disputed the amount spent in repairs.