SUSHILA GAUTAM Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Briefly, the case of the complainant is that her husband purchased a new Tata Truck in the year, 1982. It was registered by the Registering Authority and numbered as UPP-8645. He transferred that truck in the name of the complainant subsequently and the Registering Authority registered That in her name. The registration number was then changed to DIL-2562. The said truck required heavy repairs and for that purpose she arranged a loan of Rs.50,000/- from M/s Sanjit Finance Company, New Delhi. On 3rd November, 1986, the vehicle was got insured with the respondent for comprehensive risk for the period from 3rd November, 1986 to 2nd November, 1987.

(2.) The vehicle was got duly repaired in November, 1986. The complainant, it is pleaded, found the truck missing from the place where it was parked alongwith registration book and insurance policy, which had been kept in the truck. On enquiry she was informed by some neighbours that Shri R. C. Misra had taken away the truck and one bearded person was driving the same. She lodged a report about the theft with the police at Police Station, Ghaziabad. On 12th December, 1986, she also reported about the theft of the truck to R. T. O. Delhi and the Insurance Co. Shri R. C. Misra was arrested by the police and was challaned under Sec.379 of the Cr. P. C.

(3.) That the respondent appointed Sh. Deepak Anand, Surveyor to survey and investigate her claim. It is alleged that the Surveyor did not make full enquiry and delayed the matter and ultimately she was informed by the respondent vide letter dated 10m August, 1989 that her claim could not be paid by the insurance. She claimed Rs.1,60,000/- from the respondent on account of the price of the truck. She further claimed interest on Rs.1,60,000/- @ 18% per annum from 12.12.86 to 7.8.90, the date of filing the complaint, amounting to Rs.1,05,258/-. Consequently, she filed a complaint for recovery of the total amount of Rs.2,65,258/- with future interest @ 18% per annum from the date of filing the complaint till the date of payment of the amount