UNITED INDIA INSURANCE CO Vs. BUDH RAM YADAV

JUDGEMENT

(1.) This appeal seeks to challenge the order of the District Forum, Rewari, whereby the appellants have been directed to pay Rs.72,250/- to the insured for the loss of his vehicle as assessed by the Company's surveyor.

(2.) The complainant-respondent Budh Ram had purchased a Maruti Van No. HNM-1286 on the 14th of January, 1988 for an amount of Rs.85,000/-. The vehicle was admittedly insured with the appellant Insurance Company and the policy was valied upto the 23rd of February, 1990. However, this van was stolen within the District of Ghaziabad on the 21st of January, 1990. The driver of the vehicle had duly reported the matter on the very same day at police station, Hafijpur vide F. I. R, No.8 of 1990 and a case under Sec.379 I. P. C was registered. In the said F. I. R two persons by the name of Raju and Shokeen were named as the culprits and during investigation, it was discovered that they were already lodged in jail, but the Maruti van could not be recovered from them. Apparently, the police closed the case on the 22nd of December, 1990 with an untraceable report.

(3.) The complainant-respondent inevitably lodged his claim with the appellant Insurance Company. However, the said company procrastinated inordinately and the claim was neither settled nor repudiated. Aggrieved thereby, he was compelled to knock at the door of the District Forum to claim relief to the tune of Rs.85,000/- with commercial interest @ 18% thereon.