JAGDISH RAI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) The unsuccessful complainant appeals against the order of the District Forum, Karnal dismissing the complaint preferred by him.

(2.) The appellant is the registered owner of truck No. HNN-3941. It was comprehensively insured with the respondent-Company and during the currency of the insurance cover the same met with an accident. The stand taken was that damage to the tune of Rs.58,274/- occurred to the truck with regard to which the claim was filed with the insurers. However, they approved a somewhat paltry amount of Rs.8,942/- only. Aggrieved thereby the appellants approached the District Forum.

(3.) In resolutely contesting the complaint the respondent-Insurance Company fairly admitted the factum of having issued the insurance policy. It was however, pointed out that on intimation being given a surveyor was immediately appointed who provisionally assessed the loss at the sum of Rs.24,963/-. However, on a fuller consideration of the matter, it was discovered that the said surveyor had colluded with the complainant and consequently it was directed that the matter be fully and closely investigatged by the Engineer of the Regional Office of the insurers. The latter finally assessed the damage to the tune of Rs.8,942/-. The said amount was promptly paid to the insured in full and final settlement of his claim and a discharge certificate, therefor, was executed by the bank.