SHANKAR CHAKRAWARTI Vs. NEW INDIA ASSURANCE CO.LTD

JUDGEMENT

(1.) SH . Chakrawarti, who is the complainant is the registered owner of the Tata Truck bearing No. C.G.04/J-2969. He obtained insurance policy for the said vehicle in the sum of Rs.9.20,000/-, covering the period 07.09.2007 to 06.09.2008, issued by the New India Assurance Co. Ltd, the respondent. The vehicle was sent to Mumbai which was loaded with rice and on its way back to Raipur, along with the Driver and the Cleaner, the same was stolen. The driver and the cleaner could not be located. A report was lodged with the Police Station on 16.02.2008 and the respondent, Insurance Company was intimated prior to that on 09.02.2008. Insurance company did not pay compensation till, 28.07.2009. The driver and the cleaner could not be traced. Under the circumstances, the complainant filed a complaint before the District Forum, wherein he claimed Rs.9,20,000/- and Rs.2,00,000/- for deficiency in service and for other losses. The complaint was allowed and petitioner was directed to pay Rs.9,20,000/- along with interest at the rate of 6% p.a. from the date of complaint, Rs.3,000/- for mental harassment and Rs.1,000/- as costs.

(2.) THE respondent, Insurance Company preferred an appeal before the State Commission. The State Commission partly allowed the appeal and held that at the place of full "Insured Declared Value " of the stolen vehicle in the sum of Rs.9,20,000/-, the insurance company is directed to pay only 75%, which works out to be Rs.6,90,000/-, to the complainant/petitioner, along with interest as directed by the District Forum and also to pay compensation for mental agony and cost of litigation, as directed by the District Forum.