KAMLA BAI JAIN Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) Petitioner was the complainant before the District Forum, where she had filed a complaint, alleging deficiency in service on the part of the respondent.

(2.) Very briefly the facts of the case are that the husband of the complainant (since deceased) had an Insurance Cover for his Santro Car lor Rs. 2,00,000. This car was stolen on the night of 7th and 8th July, 2003. The complainant's husband preferred a claim for Rs. 2,00,000 with the respondent. The final report from the police was filed on 22.10.2003. In the meantime, unfortunately, the original owner of the car, i.e., the husband of the complainant died on 10.12.03 and thereafter the complainant pursued the matter with the respondent. The respondent asked for certain documents like Forms 29 and 30 duly completed in all respects and a Succession Certificate as also correct name of the deceased as they found difference between the name mentioned in the certificate and the name mentioned in the Policy. Since these formalities were not completed and claim was not getting settled, a complaint was filed before the District Forum, who after hearing the parties allowed the complaint and directed the respondent to pay Rs. 2,00,000 on total loss basis after getting Forms 29 and 30 executed from the complainant. If this amount was not made within 30 days then it was to carry interest @ 9% p.a.

(3.) Not satisfied with this relief, an appeal was filed before the State Commission, praying for grant of interest from 22.10.2003 till the date of payment. State Commission after hearing the parties saw no merit in that appeal and dismissed the appeal. Hence this revision petition before us.