SUKHDEEP SINGH Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Vide this order, two appeals, Appeal No.1092 of 1999 and Appeal No.1047 of 1999 are being disposed of. Appeal No.1092 of 1999 has been filed by the New India Assurance Company Ltd.- the opposite party before the District Forum and Appeal No.1047 of 1999 has been filed by Sukhdeep Singh, the complainant, before the District Forum. The challenge is against the order dated 27.8.1999 of District Forum, Ropar in both the appeals. The main order is being prepared in Appeal No.1047 of 1999.

(2.) The New India Assurance Company Ltd. was saddled with the liability of paying a sum of Rs.1,20,159/- along with interest @ 12% from 1.8.1997 and Rs.2,500/- as costs of proceedings. Hence aggrieved, the New India Assurance Company has come up in appeal.

(3.) The case of the complainant was that his truck bearing No. PB-12a-2479 was parked at the premises of M/s. Happy Body Builders, when some of its parts were stolen during the night intervening 30th and 31st January, 1996. The theft was reported to the police and a Surveyor/loss Assessor was also appointed by the Insurance Company. However, the report of the Surveyor could not be finalised due to various reasons and also as the insured did not submit the relevant details and estimate of repairs. The Surveyor time and again tried to meet the complainant but the complainant never met the Surveyor nor did he come to the office of the appellant. The final survey report could not be submitted. The Insurance Company was not in a position to proceed further with the claim and the report could not be finalised. This resulted in the initiation of the proceedings on 7.10.1997 before the District Forum. On the basis of the available evidence of the parties, the complaint was disposed of on 29.7.1998 with an award of Rs.1,46,190/- as compensation. The complaint was accepted without cost and interest on the amount because the complainant was also held responsible to some extent in delaying the processing of the claim.