NEW INDIA ASSURANCE CO LTD Vs. UJAGGAR SINGH

JUDGEMENT

(1.) This is an appeal filed under Sec.15 of the Consumer Protection Act, 1986 (for short hereinafter referred to as the C. P. Act), against the order dated 15.3.1999 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh (for short hereinafter referred to as the District Forum-I), in Complaint Case No.673 of 1995. The District Forum-I allowed the complaint and directed the opposite party to make the payment of loss assessed by the Surveyor i. e. Rs.34,046/- alongwith interest @ 12% per annum from 12.6.1994 till the date of payment to the complainant. Apart from it, the District Forum-I also awarded Rs.2,000/- as compensation and costs, to the complainant.

(2.) Briefly, the complainant Shri Ujaggar Singh son of Late Sh. Inder Singh c/o Sewak Transport Co. , Booth No.12, Sector 26, Chandigarh was the owner of truck, bearing Registration No. PB-12a-4785 which was insured with the appellant/opposite party vide Policy No.31121400 31787 valid from 24.2.1994 to 23.2.1995. On 13.5.1994, the truck met with an accident and it suffered extensive damage. The Surveyor assessed the loss of the vehicle to the tune of Rs.34,046/-. Inspite of submitting of all the documents, including driving licence and other formalities, the claim was repudiated by the appellant/opposite party-Insurance Company saying that the driving licence was a fake one though later on renewed by the Competent Authority. The respondent/complainant filed a Complaint No.673/95 in the District Forum-I, U. T. , Chandigarh and prayed that the opposite party, appellant in the appeal be directed to reimburse the amount of claim along with interest @ 18% per annum from the date it became due, till the date of actual payment and further direction to the opposite party to pay a sum of Rs.20,000/- towards harassment and litigation expenses for this uncalled for litigation.

(3.) Aggrieved against the order of the District Forum-I, the appellant/opposite party has filed this appeal before this Commission praying for the setting aside of the impugned order passed by the District Forum-I on 15.3.1999.