NATIONAL INSURANCE CO LTD Vs. PHUNNU RAI

JUDGEMENT

(1.) This revision petition arises out of order of the State Consumer Disputes Redressal Commission, Haryana, whereby the State Commission upheld the order of the District Forum. It is not necessary for us to go deep into the matter as the matter has been gone into two times by both the Fora below and both the Fora have concurrently found deficiency in service on the part of the Insurance Company.

(2.) When the matter was taken up for hearing on 24th April, 2002 the learned Counsel for the petitioner stated before us that the same question as arisen in this case was coming up for hearing on 30th April, 2002, i.e. First Appeal No. 129 of 2001, and that this matter may also be listed on the same date along with that appeal. Accordingly both the matters were heard and decision has been rendered in First Appeal No. 129 of 2001. Still to dispose of this Revision Petition, we deal with the facts of the case in brief which are as under :

(3.) The complainant had taken a loan from Ballia Kshetriya Gramin Bank, Ballia, in order to purchase a jeep. He purchased a jeep and got it insured with the opposite party Insurance Company for a period of one year from 17.2.1998, on which date the valuation of the jeep was assessed at Rs. 2,34,000/- and the requisite premium was paid. It is alleged that the jeep was stolen on 15/16.1.1999 which fact was brought to the notice of the Insurance Company by preferring a claim in that respect. Since the Insurance Company did not settle the claim, the complainant approached the District Forum claiming Rs. 2,34,000/- with interest at the rate of 18 % p.a. Rs. 20,000/- as compensation and Rs. 40,000/- on account of business loss. It is not necessary to mention here that the Insurance Company contested the matter by filing its written version. The District Forum upon hearing the matter, directed the Insurance Company to pay to the complainant the amount of Rs. 2,34,000/- with interest at the rate of 10% from 20.1.1999 till the date of payment, Rs. 500/- for mental agony and Rs. 200/- costs.