D N BADONI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision pennon has been flied by D.N. Badoni (hereinafter referred to as petitioner) being aggrieved by the order of the Uttaranchal State Consumer Disputes Redressal Commission, Dehradun which was decided in favour of Oriental Insurance Company (hereinafter referred to as respondent).

(2.) The facts of the case according to the petitioner who was the original complainant before the District Forum was that he had got his tanker No. UP-0-7D-9877 insured with the respondent Insurance Company for Rs. 5,05,000 for the period from 3.11.1997 to 2.11.1998 for covering various risks including accident by external means and that he had paid the required premium of Rs. 8,202. The vehicle got buried under snow on 15.10.1998 at Malari near ITBP camp where it had gone to deliver a cargo and since the road leading to the accidental site was washed away, the vehicle could not be recovered till the snow melted in June the following year which resulted in total loss of the vehicle. Immediate information was given to the respondent by the petitioner regarding this incident, followed by reminders but it was only on 15.3.1999 that respondent appointed Shri Kamal Kumar Naithani as Surveyor to assess the loss. The Surveyor could only reach the site on 16.6.1999. After inspection, the Surveyor advised the petitioner to bring the vehicle to Dehradun which was done and petitioner was asked to submit estimate of repairs. Petitioner submitted estimate of damages to the extent of Rs.93,340. Thereafter, the respondent appointed another Surveyor to make final assessment of the loss and although all the necessary documents were supplied and repairs carried out by the petitioner amounting to Rs,90,677, the respondent took no action to settle the claim. Aggrieved by this deficiency in service petitioner filed a complaint with the District Forum requesting that the respondent be directed to pay Rs. 90,677 being the cost of the repairs of the vehicle. Rs.1,49,500 on account of loss of earnings and idle depreciation, etc. and Rs. 1,00,000 for interest payable to State Bank of India from whom he had taken a loan to a purchase the tanker and therefore the total amount claimed was Rs. 3,40,177.

(3.) Counsel for respondent while refuting the above contention stated that as per the report of the Surveyor the loss to the vehicle was assessed at Rs. 3,715 and the Regional Manager of the Insurance Company had also informed the petitioner about the same and had sent a discharge voucher for signatures.