SUKHBIR SINGH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal filed against order dated 3.3.2003 passed by the District Consumer Disputes Redressal Forum-II [for short hereinafter referred to as the District Forum] in Complaint Case No.1031 of 1991, Sukhbir Singh V/s. Oriental Insurance Co. Ltd. and Anr.

(2.) The District Forum dismissed the complaint on the finding that there was no deficiency/negligence in performing service by respondent No.1 - Oriental Insurance Company Limited [for short hereinafter referred to as the Insurance Company] towards the appellant/complainant. An oil tanker bearing registration No. HR-37-4947 was insured with the respondent No.1 - Insurance Company vide Cover Note No.2065920622 dated 22.4.1998 for a sum of Rs.4.5 lacs. The goods to be carried were separately insured vide Cover Note No.120675 dated 1.11.1997 to the extent of Rs.1.5 lacs. This insurance cover for the goods was later on enhanced to Rs.3 lacs and extra premium was paid by the complainant when cover note/policy No.48/00/91-98 dated 20.11.1998 was issued. The insurance policy covered the period from 1.11.1997 to 31.10.1998. Oil tanker aforesaid was attached with the respondent No.2 M/s. Sharma Traders [transporters and Approved Govt. Contractors], Chandigarh for the purpose of carrying on the business of transportation of MS and HSD high speed diesel from various locations of the Hindustan Petroleum Corporation Limited.

(3.) On 26.7.1998, the tanker was carrying MS 14000 Ltrs. from Ambala Depot to Shoghi Depot (HP) vide document No.603424 dated 25.7.1998. The oil tanker turned turtle near Salogra, Tehsil and District Solan resulting in damage to the tanker and the oil was split to the tune of 1035 litres and thereby causing financial loss to the complainant. The First Information Report was lodged at P. S. Solan being FIR No.152 of 26.7.1998 the complainant gave information to the respondent No.1 - Insurance Company which deputed Shri Bhardwaj, Surveyor of Solan to assess the loss. The Surveyor conducted the survey and submitted his report to the Insurance Company. The loss of 1035 litres of oil was valued at Rs.27,945/- which was paid by O. P. No.2 M/s. Sharma Traders to M/s. Hindustan Petroleum Corporation Limited on behalf of the complainant. Later on it was reimbursed by the complainant-respondent No.2.