NEW INDIA ASSURANCE CO LTD Vs. ARJUNI DAS

JUDGEMENT

(1.) Being aggrieved by the order dated 13.10.2000 passed by the Sundergarh-II, Rourkela District Forum in C.D. Case No. 192 of 1999 directing the appellant to pay to the respondent Rs. 1,13,586 with interest @ 12% per annum from 16.11.1994 and to pay him Rs. 15,000 as compensation and Rs. 1,000 as costs, he has filed this appeal.

(2.) The case of the respondent is that he is the owner of a truck bearing registration No. OR 14-8865. It was duly insured with the appellant. On 18.4.1994, the vehicle was stolen by one Mahendra Mohapatra. The matter was reported at the local police station. After investigation, the police recovered the truck on 16.11.1994 from Jayadev Vihar Chhak, Bhubaneswar and thereafter it was given in Zima to the respondent. It was found that the truck was fully damaged due to accident. On being intimated about this fact, the appellant deputd a surveyor to assess the loss but the claim was not settled.

(3.) In the written version, the appellant did not dispute that the vehicle in question was insured with him. The allegation that the truck was stolen by Mahendra Mohapatra is denied. Its case is that in case of any loss or damage before shifting the vehicle for repairs, the appellant was to be informed but the same was not done. On these grounds, the claim laid by the respondent was resisted.