DARSHAN KAUR Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This revision petition under Sec.17 (1) (b) of the C. P. Act, 1986 (the Act) is directed against the order dated 11.6.2003 whereby the D. F. , Bharatpur modified its order made on 3.12.2002 in petitioner's Complaint No.206/2002.

(2.) The relevant facts are that the insured truck of the petitioner was stolen on 23.6.2000 and the petitioner filed a claim with the respondent Insruance Company. It appears that the petitioner had also reported the offence to the police authorities who investigated the commission of the offence. The respondent Company could not, therefore, finalise the claim of the petitioner. The petitioner thereupon filed Complaint No.206/2002. This complaint was allowed by the D. F. vide its order dated 3.12.2002 awarding a compensation of Rs.3 lacs to the petitioner payable with interest @ 9% p. a. from 1.3.2001.

(3.) The Insurance Company appears to have moved a Misc. Application No.7/2002 whereby it required the D. F. to rectify the error which, according to it, had been committed in mentioning the date as 1.3.2001 instead of 1.3.2002. The case of the Insurance Company was that since the copy of the F. R. submitted by the police in the criminal case was made available to the Company on 4.12.2001, the interest should have been awarded, if at all, from the date after 4.12.2001 and, therefore, the date mentioned in the operative order should have been 1.3.2002 and not 1.3.2001. The D. F. accepted the contention of the Insurance Company and directed that the interest would be payable from 1.3.2002 as the date of 1.3.2001 was simply a typographical error in the order dated 3.12.2002. It is against such order of the D. F. that the petitioner has submitted that the D. F. had erred in exercising the jurisdiction vested in it with material irregularity.