UNITED INDIA INSURANCE CO LTD Vs. P MARBANINAG

JUDGEMENT

(1.) APPELLANT was the opposite party before the State Commission, where the respondent/ complainant had filed a complaint alleging deficiency in service on the part of the appellant, United India Insurance Company Ltd.

(2.) VERY briefly the facts of the case are that the respondent/complainant was owner of a Tanker Truck, which while plying on road on 25.11.90 was found to be missing along with the staff of the truck. The matter was reported to the police as also to the appellant. Police filed a final report. It was only in Jan. 1995 that an offer was made by the appellant to settle the claim at Rs. 2,50,000, after carrying out investigation, which was not acceptable to the complainant. When the case was not getting settled, finally, a complaint was filed before the State Commission, who after hearing the parties, allowed the complaint and directed the Appellant/respondent Insurance Company to pay Rs. 2,90,000 along with interest @ 18% p.a. from 19.1.95 along with cost of Rs. 5,000. Aggrieved by this order, this appeal has been filed before us.

(3.) IN compliance with this Commission's order dated 22.2.2000, complainant has already been paid Rs. 1,00,000 and remaining Rs.1,90,000 has been already deposited by the appellant with the Registry of this Commission. The appellant is directed to re-work the total liability as per order passed by us and after catering for Rs. 1,00,000, already paid to the complainant, balance amount be paid to the complainant after withdrawing Rs. 1,90,000 from the Registry of this Commission along with accrued interest.