NEW INDIA ASSURANCE CO. LTD. Vs. PARSHOTAM KUMAR

JUDGEMENT

(1.) The rash, negligent and irresponsible drivers cause serious accidents without due regard to traffic regulations. The Principal reason for these fatal accidents is over-loading of the trucks. It is painful and galling that the authorities particularly the police turns a Nelson's eye towards such like illegalities.

(2.) Sh. Parshotam Kumar, the complainant, is the owner of the Tata Truck, which was insured with the New India Assurance Co. Ltd., the petitioner/OP. The above said Truck met with an accident near Thatian Mahnta. A report was lodged with the police and information was given to the insurance company. The vehicle was driven by Ram Pal Sharma, who passed away in that accident. The Surveyor, observed, as under :-

(3.) The District Forum dismissed the complaint vide order dated 11.05.2012. However, the State Commission, while placing reliance on IFFCO TOKYO General Insurance Co. Ltd. Vs. Kana Rupa Chhanga, 2015 2 CPR 71 , wherein, reliance was placed on the judgment of Hon'ble Supreme Court, reported in Amalendu Sahoo vs. Oriental Insurance Company Ltd., 2010 4 SCC 536, granted 75% of the amount as assessed by the Surveyor, i.e., at Rs.98,666/- (i.e., total amount of Rs.1,35,555/- minus Rs.32,889/-) to the complainant, along with interest @ 9% p.a., from the date of filing of the complaint, in the District Forum, till actual payment.