BALENDRA GAUTAM Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order of the State Commission partly allowing the appeal.

(2.) Brief facts of the case are that the petitioner owned a truck which was covered by insurance with the respondents.This truck collided with a parked tractor-trolley on 14.2.1997 but the truck sped on. It appears that the collision resulted damages to oil pressure pipe, resulting in leakage of engine oil, leading to seizure of the engine. The respondent company offered Rs. 18,059/- less Rs. 850/- on account of salvage which was not accepted by the petitioner. On the petitioner filing the complaint before the District Forum, complaint was allowed to the extent of Rs. 16,050/- ; on an appeal being filed by the petitioner, the State Commission confirmed the order of the District Forum with the modification that the awarded amount would carry interest @ 12% from 5.8.1997 till the date of payment. Petitioner has come up in revision before us against this order.

(3.) It is argued by the learned Counsel for the petitioner that his vehicle was insured and met with an accident resulting in its loss - hence it is covered by the policy. Consequential loss or damage is yet to be defined. Therefore, the plea taken by the respondent company is not supported by facts of this case or by law on the subject, hence the order passed by both the lower Forums need to be set aside.