NATIONAL INSURANCE CO. LTD. Vs. BOBBY JOSEPH

JUDGEMENT

(1.) Shri Bobby Joseph, the complainant, is a contractor. He entered into a contract with the Southern Railways vide agreement dated 10.6.2005. The contractor/complainant had to execute earth filling and allied works in connection with the construction of Kottayam- Ernakulam Railway Line. On 9.1.2008 during the course of work the tipper lorry that belonged to the complainant hit OHE/Mast at Kottayam, 555/1 between Kottayam and Ernakulam section at 16.30 hours and damaged it. The Divisional Railway Manager (works), Southern Railways calculated the loss including materials and cost of labour at Rs.1,06,000/- and realized the same from the complainant. The Respondent No. 2 also filed a complaint against the driver of the vehicle before the CJM, Kottayam alleging the offence under Section 154 of Railways Act. It is contended that the vehicle of the complainant was insured with the National Insurance Co. Ltd. at the time of accident and he approached the insurance company for indemnifying the loss recovered from the complainant. As the needful was not done, therefore, the complainant filed a complaint before the District Forum.

(2.) The District Forum allowed the complaint and directed the insurance company to pay the complainant an amount of Rs.1,06,000/-, the amount recovered from the complainant towards cost of the damage to the Railway, compensation in the sum of Rs.5,000/- alongwith litigation charges of Rs.3,000/-.

(3.) Aggrieved by that, the insurance company filed an appeal before the State Commission. The State Commission also dismissed the appeal.