NARENDRA KUMAR AGARWAL Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) PETITIONER Narendra Kumar Agarwal who is the complainant in this case, insured his Truck No. UP06/5229 with the respondent company. During the period of the insurance cover, the vehicle met with an accident on 7.1.2003 in which it was completely destroyed and damaged and, therefore, the petitioner submitted a claim of compensation of Rs. 4,23,424 on account of loss suffered by him due to this accident. FIR was lodged and intimation was sent to the company. The Insurance Company appointed a Surveyor who investigated and gave his report in which he assessed the losses to the tune of Rs. 1,40,000.

(2.) A consumer complaint came to be filed by the petitioner with the District Forum which after appraisal of the pleadings and the evidence adduced by the parties before it accepted the complaint of the petitionervide its order dated 6.12.2005 by holding the complainant entitled to a compensation of Rs. 4,23,424 on account of the loss suffered by him. The respondent Insurance Company was directed to pay the amount of compensation within one month failing which the amount would carry interest @ 9% p.a. from the date of filing of the complaint till payment. Litigation expenses of Rs. 2,000 were also awarded in favour of the complainant. The District Forum rejected the plea of the Insurance Company that the complainant was entitled to be awarded compensation of Rs. 1,40,000 only as duly assessed by the authorised Surveyor of the Insurance Company. Aggrieved by the order of the District Forum, the Insurance Company filed an appeal before the State Consumer Disputes Redressal Commission, Uttarakhand, Dehradun ( "State Commission ' ' for short) whichvide its order dated 23.7.2009 partly allowed the appeal and modified the order of the District Forum in the following terms:

(3.) IT is against the aforesaid order of the State Commission that the present revision petition has been filed by the complainant.