SUKHDEV SINGH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal under Sec.15 of the Consumer Protection Act, 1986 is directed against the order dated 26.11.1999 in Complaint No.77/99 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called 'distt. Forum' for short) dismissing the complaint of complainant/appellant.

(2.) Relevant facts no longer in dispute are: that the complainant/appellant is the owner of the truck bearing registration No. MIR 9214. It was insured with the respondent under Policy No.7899 of 1998 for the period from 7.1.1998 to 6.1.1999. The driver of the complainant Surendra Singh was drving the said vehicle on 6.5.1998, when it met with an accident near Amritsar. The complainant intimated about the accident to the rerspondent insurer and also submitted the claim form on 26.5.1998. The respondent insurer appointed Surveyor Gurmit Singh. The said Surveyor in his report dated 10.11.1998 opined that there was a collision between complainant's truck with another truck and the complainant's truck was badly damaged. The loss was assessed by the said Surveyor to the tune of Rs.54,475/-.

(3.) The complainant averred in his complaint that though the complainant continued to pursue the matter and made inquiries from the respondent insurer about settlement of his claim on account of damage of his truck, the claim has not been settled by the insurer till the filing of the complaint. According to the averment of the complainant, the complainant was entitled to the amount of Rs.55,000/- assessed by the Surveyor with interest thereon. The complainant has also claimed compensation for deficiency of service on the part of the respondent insurer in not settling his claim.