ORIENTAL INSURANCE CO LTD Vs. BHAGAT RAM

JUDGEMENT

(1.) The 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 Insurance Company.

(2.) Very briefly the facts of the case are that the respondent/complainant was a owner of a Swaraj Mazda Truck which was insured with the appellant for the period from 15.5.1992 to 14.5.1993 for an amount of Rs. 3,11,000. The vehicle met with an accident on 20.10.1992. The matter was reported to the police as also to the Insurance Company, who appointed a Surveyor and found that there were two unauthorised persons who were sitting in the truck. It is on this ground that the claim was repudiated. Thus, alleging deficiency in service on the part of the appellant, a complaint was filed before the State Commission, who after hearing the parties, allowed the complaint and directed the appellant to pay a sum of Rs. 2,80,000 along with interest @ 18% p.a. from the date of accident till the actual payment, along with Rs. 75,000 on account of loss of earning with the same rate of interest from 3.7.1993 till the date of payment along with cost of Rs. 2,000. Aggrieved by this order, this appeal has been filed before us.

(3.) We heard the learned Counsel for both the parties. Learned Counsel for the appellant was candid enough to admit that in view of the several judgments of the Hon'ble Supreme Court, carrying two passengers could not have been made the ground for repudiation. But it was his case that the reliefs granted are not as per record. According to him, the Surveyor had assessed the loss at Rs. 2,45,000 but the State Commission has granted Rs. 2,80,000 along with other reliefs enumerated earlier. The only ground agitated before us, in view of the fact that the ground of repudiation is not being pressed, is the reliefs granted by the State Commission.