NEW INDIA ASSURANCE CO LTD Vs. KAMAL NAYAN

JUDGEMENT

(1.) These two appeals arise from the order passed by the State Commission on 12.2.1999 passed in complaint filed by Kamal Nayan who is the respondent in FA No. 81 of 1999 and appellant in FA No. 201 of 1999.

(2.) Very brief facts of the case are that the complainant owned a truck which was insured for a sum of Rs. 2,60,000 for the relevant period. The truck was taken to Calcutta along with goods by the driver but he was found to be missing. Matter was reported to the police to register the case under Section 407 of IPC. Neither truck was traceable nor the material was traceable. Matter was also reported to the Insurance Company. When the claim preferred was not getting settled, a complaint was filed before the State Commission who after hearing the parties directed the Insurance Company to pay Rs. 3,56,999 along with cost of Rs. 2,500.

(3.) Aggrieved by this order, two separate appeals have been filed by both the parties before us.