NATIONAL INSURANCE COMPANY LTD Vs. BINOD KUMAR SINGH

JUDGEMENT

(1.) This appeal has been filed by the National Insurance Co. Ltd. against the order dated 07.07.2017 of the State Consumer Disputes Redressal Commission, Bihar, (in short 'the State Commission') passed in Complaint Case No.44 of 2014.

(2.) Brief facts of the case are that the respondent/complainant had purchased a truck from Tata Motor. It was engaged in lifting soil for making four lane Mohnia-Arra Road. On 08.06.2014 near Narayanpur village due to short circuit fire was broken in truck and the truck was burnt. The local police as well as the appellant/ Insurance Company were informed. The vehicle was taken to workshop which is lying there since 15.6.2014. The cost of repairing was estimated to be Rs.23,74,142/- which was more than the cost of a new truck. The claim for the total loss was submitted by the complainant but it was not settled by the Insurance Company. Aggrieved, the complainant filed a consumer complaint before the State Commission. The complaint was resisted by the opposite party stating that the vehicle did not have any permit and therefore the claim was not payable. The State Commission, however, allowed the complaint and directed Insurance Company to settle the claim on non-standard basis.

(3.) Hence the present appeal.