NEW INDIA ASSURANCE COMPANY LTD Vs. SURAT SINGH

JUDGEMENT

(1.) This is an appeal filed by New India Assurance Company Limited against the judgment and order dated 28.8.1993 passed by District Consumer Forum, Meerut, in Complaint Case No.4/92.

(2.) The facts of the case as stated are that the complainant Major (Retd.) Surat Singh was the owner of the vehicle Maruti Van (Taxi) UP-15-3842 Model 1989 registered on 21.12.1989. The vehicle was hypothecated to the Bank as loan was taken for purchase of the same. The said van was insured with the Insurance Company, the opposite party vide Insurance Policy No.3132220103223 and the sum assured was Rs.1 lac. The insurance was valid for the period w. e. f.11.2.1991 to 10.2.1992. The complainant's said vehicle was stolen on 12.9.1991 from Sidharth Extension, New Delhi, for which an FIR was lodged immediately on the same day with the Police Station Sri Niwaspuri, South Delhi. The Insurance Company was informed of the said theft of the vehicle on 14.9.1991. A claim for insurance under the said policy was lodged by the complainant to the opposite party. The complainant was asked by the opposite party to file final report of the police. The final report was submitted on 21.10.1991 by the complainant to the Insurance Company. The opposite party No.1, the Insurance Company was delaying the payment of the insurance claim to the complainant without any reason inspite of several reminders. The opposite party was bound to pay Rs.1 lac alongwith interest @ 2% per month w. e. f. submission of the final report by the complainant on 21.10.1991. The complainant was suffering financial loss on account of business and interest on the amount of loan. The complainant is a retired Army personnel and taxi was being used for his livelihood. Since inspite of several requests the Insurance Company did not sanction the claim, the complainant filed a claim of Rs.1 lac alongwith interest before District Consumer Forum.

(3.) During the pendency of the complaint the vehicle was recovered and the complainant filed an additional application alleging that the vehicle Maruti Van has since been recovered by the police in a damaged condition with various deficiencies. The recovered Maruti Van was handed over to the complainant alongwith police report. The complainant alleged that on the repair of the vehicle an amount of Rs.21,000/- was spent. The complainant, therefore, requested Rs.21,000/- to be paid to him by the opposite party No.1, the Insurance Company alongwith interest.