ORIENTAL INSURANCE COMPANY LTD. Vs. PARAMJIT KAUR

JUDGEMENT

(1.) The complainant purchased a truck bearing no.PB-65-E-4833 and got the same insured with the petitioner company. The complainant loaded 50 tons Plastic Dana belonging to a company for being delivered at Baddi (H.P.) on 23.05.2011. The truck however did not reach the destination and the phone of the driver was found switch off. It later transpired that the driver had committed fraud and disposed of the material. An FIR with the police was lodged by one Sh. Arun Tewari S/o Sh. Parhalad Tewari. Some persons were arrested and the loaded material was also recovered by the police but the truck could not be recovered. The complainant lodged a claim with the insurance company in terms of the policy taken by her. The claim was repudiated by the insurance company on the ground that the driver having committed criminal breach of trust, the loss was not covered under the insurance company. Being aggrieved, the complainant approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the insurance company on the same ground on which the claim had been repudiated.

(3.) Vide its order dated 01.01.2015, the concerned District Forum directed the insurance company to pay a sum of Rs.8,75,000/- which was the Insured Declared Value (IDV) of the vehicle to the complainant along with interest @ 9% p.a. from the date of filing of the claim, compensation quantified at Rs.15,000/- on account of deficiency in service and causing mental and physical harassment and cost of litigation quantified at Rs.10,000/-.