ORIENTAL INSURANCE CO LTD Vs. RAJESH TIWARI

JUDGEMENT

(1.) Since both these appeals under Sec.15 of the Consumer Protection Act, 1986 are directed against the same order, they are being disposed of by this common order.

(2.) The impugned order dated 5.5.2004 was passed in Complaint No.346/2003 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called District Forum for short), whereby the insurer-Oriental Insurance Co. Ltd. , has been directed to pay compensation of Rs.48,245/- to the complainant/respondent with interest @ 9% per annum payable from 30.9.2003.

(3.) The complainant averred that the Jeep bearing No. CG-04 ZT 9671 was owned by him and that he had comprehensively insured the said vehicle with the insurer, for the period from 7.10.2002 to 6.10.2003. It was further averred that while going from Raipur to Sarangarh the said jeep met with an accident at about 4 a. m. on 30.3.2003 near Village Jogidepa as a truck dashed against it. As a result of the accident, the jeep was damaged. Report of the incident was lodged by the complainant with the police at Police Chowki Patewa, Police Station Tumgaon, District Mahasamund. A charge-sheet against the driver of the truck which dashed the complainant's jeep was also filed in the Court of Judicial Magistrate, First Class, Mahasamund. The complainant also reported the matter to the insurer and also submitted claim form. It was further averred by the complainant that he was entitled to reimbursement of the expenditure, incurred by him, in the repairs of the jeep. However, since the appellant did not pay to him the said amount, he claimed compensation of Rs.1,71,715/- towards repairs as well as compensation of Rs.50,000/- for mental harassment and deficiency in service, etc.