KARNAIL SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This is an appeal by the complainants against the order dated 8.1.2001 of the District Forum by which their complaint was dismissed.

(2.) Brief facts giving rise to this appeal may be noticed. The complainants Karnail Singh and Bhag Singh filed a complaint before the District Forum alleging that they had purchased one Massy Ferguson Tractor Mark-1035-D1 bearing Registration No. PB-04 D-9013 by getting the loan from the respondent State Bank of India, Moga. They had been making the regular re-payments of the loan with interest to the Bank. It was the Bank which was getting the tractor insured with Oriental Insurance Company and used to pay the premium of insurance by deducting the same from the account of the complainants. The Bank was getting the tractor comprehensively insured. On 5.3.2000, unfortunately, the tractor met with an accident and the report was lodged regarding the accident with Police Station, Bagapurana vide Daily Report No.36 dated 6.3.2000. In the accident, the tractor got damaged and the repair of the tractor cost them Rs.37,980. When the claim was lodged with the Insurance Company, the complainants came to know that during the relevant period, instead of getting comprehensive insurance of the tractor, the Bank had suo motu, without any instructions from the complainant, got the tractor insured only against 3rd party risk. Since the tractor was not comprehensively insured by the Bank, the complainant suffered a loss of Rs.37,980 as that amount could not be got reimbursed from the Insurance Company. Hence, the complaint before the District Forum claiming Rs.37,980 as compensation from the respondent-Bank. Further, Rs.20,000 for the loss in the work during the period the tractor remained under repair and Rs.10,000 towards mental agony were also claimed. Another Rs.5,000 towards misc. expenses were also claimed in the complaint.

(3.) After appreciating the respective contentions of the parties and going through the evidence the complaint was dismissed by the District Forum.