ANUJ AGARWAL Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) PETITIONER was the complainant. Truck bearing registration No. RJ 14-P/8687 belonging to the petitioner was insured with respondent/ opposite party-Insurance Company for the period from 2.12.1998 to 1.2.1999. Truck met with an accident on 31.7.1999. Petitioner intimated the respondent of the accident on 13.8.1999. FIR was thereafter lodged with the police on 15.8.1999 by the petitioner. Er. Ramesh Chand Gupta, Surveyor appointed by the respondent recommended payment of Rs. 35,637/-. Out of that amount, sum of Rs. 28,084/- was paid by the respondent to Tata Finance Ltd. financier of the truck towards full and final settlement of claim.

(2.) PETITIONER alleged that he incurred expenses on repair of truck to the tune of Rs. 2,03,079/- which amount he is entitled to be reimbursed by the respondent. On claim made for this amount being repudiated by Insurance Company, the petitioner filed complaint which was contested by the respondent. Grounds of contest need not be referred to here. District Forum allowed the complaint holding that petitioner is entitled to amount of Rs. 35,638/-as assessed by the Surveyor and, thus, directed the respondent to pay balance amount of Rs. 7,554/- with interest @ 9% p.a. from date of complaint till realization and cost of Rs. 500/-. Dissatisfied with District Forum's order, the petitioner filed appeal. Since there was delay of 34 days in filing appeal, an application seeking condonation of that delay was filed by the petitioner. State Commission declined to condone that delay and also disposed of the appeal on merit affirming the order of District Forum. It is this order which is being assailed in this revision petition.

(3.) IT was pointed out that balance amount of Rs. 7,544/- with interest as per order of District Forum stands paid to the financier by the respondent-Insurance Company.