UNITED INDIA INSURANCE CO LTD Vs. ALOK KUMAR

JUDGEMENT

(1.) Mr. Alok Kumar had his vehicle insured through the appellant, United India Insurance Company Limited (for short Insurance Company) which vehicle met with an accident on 21.5.2002. In due course of time claim was registered, Surveyors were appointed but on finding that there was delay in settlement of the claim, Sri Alok Kumar went to the District Forum with Complaint Case No.73/2003. The District Forum has passed final order on 21.1.2004 directing payment of Rs.1,80,000/- with 9% interest with effect from 1.9.2002 till the date of payment. It has also directed payment of Rs.1,16,250/- treating that to be the rent for parking of the vehicle in a garrage which was claimed by the complainant on the ground of delay in payment.

(2.) Admittedly the aforesaid figure of the sum of Rs.1,80,000/- has reached as the paying liability of the appellant on the basis of a compromise between the appellant/insurance Company and the complainant. That point, therefore, cannot be re-opened.

(3.) The only issue now surviving for consideration is whether the sum of Rs.1,16,250/- allowed by the District Forum as rent for parking of the vehicle in a garage is valid or not.