NEW INDIA ASSURANCE CO LTD Vs. SUNDER LAL

JUDGEMENT

(1.) This is an appeal by the Insurance Company against the judgment and order dated 20.9.1999 passed by the District Forum, Uttarkashi whereby the District Forum allowed a claim of Rs.2,64,500/- in favour of the claimant Sunder Lal.

(2.) The brief facts of the case are that Shri Sunder Lal had a truck No. UPY 2294. It was insured with the appellant. During the insurance period on 27.3.1995, it met with an accident as a result of which three persons sitting in the insured vehicle died. The truck was badly damaged. A claim was lodged with the Insurance Company. It is alleged that Rs.14,500/- was spent in taking the truck from the place of accident to village Badethi. The claimant suffered loss of Rs.2,25,000/-. It is alleged that the first Surveyor assessed the loss for Rs.1,75,000/-, again it was assessed for Rs.1,65,000/-, which was too inadequate. The price of the truck was more than Rs.2,50,000/- in the market. The Company did not assess and was not ready to pay a total loss to the complainant. Hence a complaint was filed for Rs.2,50,000/- as compensation, Rs.14,500/- as towing charges and Rs.5,000/- as litigation charges.

(3.) The appellant contested the petition, admitted the insurance and the accident and also admitted that after the survey, the salvage was removed by the complainant. The Insurance Company was ready to give a compensation of Rs.1,65,000/- on the basis of total loss according to the report of the Surveyor to which the complainant did not agree. It is alleged that there is no deficiency in service of the O. P.