NATIONAL INSURANCE COMPANY LTD Vs. NABIN CHANDRA NAIK

JUDGEMENT

(1.) Heard the learned Counsel for the parties. By judgment and order dated 18.7.2000, in C.D. Appeal No. 217 of 1994, the State Consumer Disputes Redressal Commission, Orissa, Cuttack dismissed the appeal with a direction to the Insurance Company to pay a sum of Rs. 97,423 with interest at the rate of 12% p.a. from the date of filing of the complaint i.e. 11.5.1994.

(2.) Undisputedly, in the present case, truck of the complainant was insured. The truck met with an accident on 24.2.1993. Complainant lodged a claim for a sum of Rs 2,28,750. As against this, Surveyor assessed the loss at Rs. 97,423. The District Forum directed that 75% of Rs. 97,423 as non-standard claim be paid to the complainant and for the rest of amount the matter was directed to be referred to the Arbitrator.

(3.) That order was modified by the State Commission, as stated above. Petitioner approached the State Commission for modification of the order on the ground that the learned Counsel for the Insurance Company could not remain present at the time of the hearing of the appeal. In that proceeding, the State Commission considered the contentions raised by the Insurance Company.