R K PRADHAN Vs. DENZONG AUTOMOBILES PVT LTD

JUDGEMENT

(1.) This appeal is directed against an order passed by the District Consumer Disputes Redressal Forum, East Gangtok on 3.8.95 in C. M. C. No.6 of 95.

(2.) The fact of the case is that vehicle No. SK 03/0573, a Tata 608 mini truck of 1988 model, met with an accident on 16.8.91 at 9th Mile, G. N. Road, Sikkim. The vehicle was registered with Motor Vehicle Department of Sikkim and was insured with the National Insurance Company Limited. The validity of licence was upto 23.11.91 and the insurance coverage was upto 22.11.91. Immediately after the accident, the owner of the vehicle approached the Insurance Company which in turn asked the approved Surveyor to take necessary steps. Accordingly, assessment with respect to the damage was made by the Surveyor and accepted by the owner of the vehicle on 25.11.91. The repair works were undertaken by Denzong Automobiles Private Limited and Rs.26,993.25p. was actually spent towards materials and Rs.24,390/-towards the works done including removing charges of Rs.1,000/-. The owner of the vehicle claimed the aforesaid amount totalling Rs.61,383.25p. together with an additional amount of Rs.2,500/-towards lifting and towing arrangements for the damaged vehicle. Since no payment was made by the Insurance Company, the petitioner filed a claim petition before the District Consumer Forum on 24.8.94 claiming the aforesaid amount together with interest and costs for the proceeding.

(3.) The Insurance Company contested the case mainly on the ground of excessiveness of the claim. They have also challenged the claim on the ground that there was confusion about the chassis number and also about the owner of the vehicle. They have also pointed out that the vehicle was carrying articles belonging to some other organisation, in contravention of the terns of the policy.