BRANCH MANAGER Vs. SANJIB NANDI MAJUMDER

JUDGEMENT

(1.) THIS revision petition is directed against the order of the State Commission dated 02.01.2012 whereby the State Commission, Tripura accepted the appeal against the order of the District Forum, West Tripura, Agartala and issued following directions: -

(2.) BRIEFLY put facts relevant for the disposal of this revision petition are that respondent Sanjib Nandi Majumder filed a consumer complaint under section 12 of the Consumer Protection Act, 1986 against the petitioner / opposite party before the Distrct Consumer Forum , West Tripura, Agartala, claiming that his brother Rajiv Nandi Majumder purchased truck number AS -OIR -9961 from the registered owner Dulal Deb on 23.03.2007. The truck at the time of sale was insured in the name of Dulal Deb with the petitioner / insurance company. Rajib Nandi Majumder got the ownership of the truck transferred in the registration certificate. On 25.07.2007, the truck accidentally fell into a gorge 40 feet deep at Jaintia Hill near Sonapur. Rajib Nandi Majumder died in the accident and driver as well as the assistant sustained serious injuries. Accident was reported to the police at Omking Outpost, Sonapur, Mehrauli and the insurance company was also informed about the loss of truck. The Surveyor appointed by the insurance company allegedly visited the spot of accident four months later and sought various documents to substantiate the claim from the father of the deceased. Relevant documents were submitted to the surveyor. The Opposite Party, however, failed to settle the claim. Feeling aggrieved, Sanjib Nandi Majumder filed the claim in his personal capacity as also the attorney of the parents of the deceased.

(3.) THE petitioner / opposite party contested the complaint mainly on two grounds i.e. at the time of accident. Rajib Nandi Majumder had no insurable interest in the truck in question as it was owned by Dulal Deb. It was also pleaded in the written submissions that the surveyor on spot visit did not find any trace of damaged truck and since the truck could not be traced, the assessor was prevented from estimating the loss.