KIRAN GUPTA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) A complaint was filed with the allegations that the vehicle in question bearing Registration No. UP -63A -8077 which was comprehensively insured with the opposite parties for a period 22.11.1997 to 21.11.1998 met with an accident on 23.7.1998 while taking cement bags at Dramandganj due to which there was total loss. The claim was filed but on the ground that documents in question were not given, the claim was not settled.

(2.) INITIALLY a total loss was assessed for a sum of Rs. 5,00,000. When the representation was made, another Surveyor was deputed who assessed the loss for Rs. 5,48,500. The money was ready to be offered but the complainant instead accepting filed the complaint that it was not coverage on the ground of total loss.

(3.) THUS to that extent the complaint is liable to succeed for a sum of Rs. 5,48,500 rounded off to Rs. 5,50 000 minus Rs. 1,25,000 = Rs. 4,23,500. The salvage is being retained, as per the argument of the learned Counsel for the complainant, by the complainant itself. Thus to that extent as aforesaid the Insurance Company has a right to get that money adjusted from the total claim to be paid. In the circumstances, we are further satisfied that the complainant is entitled for the interest @ 6% per annum for the denial of the rightful claim of the complainant from the date of filing of the complaint which is dated 16.6.1999. ORDER