NEW INDIA ASSURANCE COMPANY LTD Vs. SUBASH KUMAR

JUDGEMENT

(1.) The claim filed by the complainant was rejected by the District Forum. In appeal filed by the complainant before the State Commission, the State Commission set aside the order of the District Forum and ordered payment of compensation of Rs. 3,13,500 with 9% interest w.e.f. 16.10.2005 as also cost imposed by both the Fora at Rs. 5,000. This order has been challenged by the petitioner/Insurance Company in revision.

(2.) I have heard Counsel appearing on behalf of both the parties.

(3.) Learned Counsel for the petitioner argued that the vehicle was never produced for inspection; that the complainant had parked the vehicle unattended on the curve at the highway at a distance of about 1 km from his crusher which was in violation of the terms of insurance police; that the complainant would be at the most entitled to only loss suffered since the tractor in question could be repaired and not on the basis of total loss. According to him, the State Commission, therefore, erred in allowing the claim and in the alternative to the extent of total loss instead of repair basis. He has placed reliance on judgment of this Commission in United India Insurance Company Ltd. v. Maya, 2008 2 CPJ 182.