ORIENTAL INSURANCE CO. LTD. Vs. SATPAL SINGH

JUDGEMENT

(1.) This revision petition has been filed against the order of State Commission which dismissed the First Appeal No. 644 of 2008 filed by the Petitioner by affirming the order dated 23.04.2008 passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum').

(2.) The facts in brief:

(3.) The District Forum, after hearing the Counsel for the parties and going through the record, observed that Sh. Joginder Singh, who was driving the truck, was neither the paid driver of Satpal Singh nor was he, his employee and so the insurance company is not liable to indemnify, the Complainant on account of the death of his father. It further observed that it was a case of total loss and the insured declared value is payable and held OP Nos. 1 to 3 liable to pay the insured declared value assessed at Rs.7,30,000/- along with interest @ 9% p.a. from 21.12.2006, till payment. It also awarded a sum of Rs.2,511/- as fee paid to the surveyor, along with costs of Rs.2,000/-. The complainant was directed to issue letter of subrogation in favour of OP Nos.1 to 3 and to deliver the salvage to OP No. 3, within one month from the receipt of copy of the order.