UNITED INDIA INSURANCE CO LTD Vs. SWARNLATA

JUDGEMENT

(1.) This is an appeal against the order dated 20.6.2000 passed by the District Forum, Hardwar whereby the complaint of the complainant was allowed and the appellant, United Insurance Co. Ltd. was directed to pay interest @ 15% on the amount of Rs.84,000/- (Rupees eighty-four thousand) to the complainant from 1.9.1998 to 19.1.2000 and also to pay a sum of Rs.5,140/- (Rupees five thousand one hundred forty) as garage charges and Rs.4,000/- (Rupees four thousand) as expenses in the transfer of the vehicle and Rs.2,000/- (Rupees two thousand) as cost of litigation.

(2.) We are not to enter into actual dispute because on facts the case has been decided and there is no objection of the Insurance Company regarding the payment of Rs.84,000/- (Rupees eighty-four thousand) but the objection is only in respect of interest, garage charges of Rs.5,140/- (Rupees five thousand one hundred forty), expenses of Rs.4,000/- (Rupees four thousand) in the transfer of the vehicle and payment of cost of Rs.2,000/- (Rupees two thousand ).

(3.) To decide this fact, it is to be seen that the Maruti car of the complainant was insured for a sum of Rs.1,03,000/- (Rupees one lac three thousand ). During the insurance period, it met with an accident on 31.5.1998, in which owner of the vehicle Rajkumar Singh died on the spot. Claim was lodged before the Insurance Company. Surveyor Sh. Bhupendra Singh was appointed. Again Sh. Anil Kumar Aggarwal was appointed as Surveyor. According to the Surveyor since the vehicle had met with an accident during the insurance period the complainant was entitled to total insured amount. The vehicle was got released on 22.7.1998 for transferring it in the name of the opposite party. It is alleged that the complainant is entitled to get the entire insured amount and a sum of Rs.1,300/- incurred in bringing the vehicle from Muzaffarnagar to Hardwar, Rs.20,000/- as compensation and Rs.2,000/- as cost of litigation.