NATIONAL INSURANCE COMPANY LIMITED Vs. PRADEEP JAIN

JUDGEMENT

(1.) On account of insurance claim against the vehicle which was insured with the appellant on 19.2.1998, the District Forum vide order dated 21.12.2001 directed the appellant to pay a sum of Rs.3,15,000 towards the total loss of the vehicle along with interest @ 10% w. e. f. the letter dated 18.7.2000 of the finance company towards no dues certificate till realisation besides Rs.1,000 as compensation and Rs.500 as cost.

(2.) Through this appeal the impugned order has been challenged mainly on the ground that since the registration certificate of the vehicle in question was not transferred in the name of the Insurance Company at the time of settlement of the claim by the appellant and the said certificate was not given even at the time of filing of the present appeal, amount of compensation awarded by the District Forum is not payable to the respondent. On the contrary the documents relied by the respondent show that registration certificate was furnished in the year 1999. Since, the respondent has already furnished the registration certification, the Counsel for the appellant has agreed to pay the amount of compensation as awarded but seeks indulgence for waiving off the interest as it was not due to deficiency on the part of the appellant but it was because of the deficiency on the part of the respondent.

(3.) Section 14 of the Consumer Protection Act, 1986 empowers the District Forum to award compensation as to the loss or injury suffered by a consumer on account of negligence on the part of the O. P. The interest is payable only in cases where there is any such term of contract for payment of interest.