NEW INDIA ASSURANCE CO LTD Vs. ASHOK PANDIT

JUDGEMENT

(1.) New India Assurance Company Ltd.. Petitioner herein which was the opposite party before the District Consumer Disputes Redressal Forum, Bulandshahr (for short, 'the District Forum) has filed this Revision Petition against the order dated 11.05.07 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short, 'the State Commission') in First Appeal No. 1103/ 05 whereby the State Commission has dismissed the appeal filed by the Petitioner. The District Forum had allowed the complaint and directed the Petitioner to pay Rs.60,982.27 to the complainant along with interest @ 8% p.a. from 1.8.93 till realization. Rs.1,000/- were awarded by way of costs.

(2.) Complainant/Respondent filed a complaint before the District Forum Bulandshahr alleging, inter-alia, that tanker No.UP-13-8970 owned by the Respondent and insured with the Petitioner Insurance Company under 'Carriers Liability Insurance Policy' for the period 06.08.91 to 05.08.91 met with an accident on 09.07.92 while it was carrying 12,000 litres of diesel belonging to the Respondent. In the said accident, tanker was damaged and except for 212 litres of diesel, the entire remaining diesel spread on the road and was damaged. Value of the damaged diesel was Rs.60,982.27 Ps which the insurance company was liable to pay. That the Insurance Company had wrongly repudiated the claim of the Respondent. A direction was sought to the Petitioner to pay the sum of Rs.60,982.27 along with interest @ 24% p.a together with sum of Rs. 10,000/- as compensation and costs of litigation.

(3.) Petitioner in its written statement contended that the Petitioner was not liable to reimburse the loss suffered by the Respondent as he himself was the owner of the diesel which was being carried in the tanker at the time of accident. That under the 'Carriers Legal Liability Insurance' Policy, the Petitioner was liable to indemnify the insured against his legal liability for the actual loss or damage to the goods being carried belonging to a third party. That the Petitioner was liable to reimburse the loss or damage to the tanker which was offered and paid to the Respondent.