LAWS(NCD)-2015-4-236

SIRAJ MOHAMMAD Vs. RELIANCE GENERAL INSURANCE COMPANY LIMITED

Decided On April 21, 2015
SIRAJ MOHAMMAD Appellant
V/S
Reliance General Insurance Company Limited Respondents

JUDGEMENT

(1.) Counsel for the Respondents and Petitioner/OP present. Complainant/ respondent, present, in person. Arguments in both the cases, pertaining to the same order, heard.

(2.) Sh. Siraj Mohammad Khan, the complainant, obtained insurance policy regarding his vehicle, from Reliance General Insurance Co. Ltd., OP. During the subsistence of the insurance policy, on 14.07.2011, when the complainant was going to Sikar, in his vehicle, his car met with an accident with three Neel cows, one after the other. Those cows had come running and hit the car, due to which, the car became uncontrolled and dashed with the truck trolla parked at some distance. Consequently, the vehicle got damaged. Its roof, bonnet, main glass, window, meter cover, AC window, steering, bumper, head-light, indicator, Antenna, body-shell, AC condenser, radiator, were completely damaged. The insurance company was apprised of this fact, on 16.07.2011. The claim made by the complainant was not settled. Ultimately, the complainant lodged a complaint with the District Forum and prayed for giving Rs.3,15,000/-, with interest @ 12.75% p.a., from 15.07.2011 and rent of general motor carriage in the sum of Rs.100/- per day, total being Rs.8,100/-. He demanded a sum of Rs.2,00,000/- as compensation and Rs.20,000/- as costs from the OPs. The OP contested this case. The Surveyor came to the conclusion that the complainant was entitled to a sum of Rs.70,840/-.

(3.) The District Forum found that the estimate of body-shell in the sum of Rs.1,82,000/- was not included. It also found that there were other defects and rendered the order in favour of the complainant. The OP was directed to pay a sum of Rs.3,15,000/- less depreciation, to the complainant, along with interest @ 12% p.a., w.e.f. 15.07.2011 and Rs.6,500/- as compensation and costs of this case.