NEW INDIA ASSURANCE CO LTD Vs. SATISH KUMAR

JUDGEMENT

(1.) By judgment and order dated 21.1.2003 the State Consumer Disputes Redressal Commission, Jharkhand, allowed Appeal No. 373 of 2002 filed by the complainant and directed the Insurance Company to pay Rs. 70,380 along with interest at the rate of 12% p.a. from the date of repudiation of the claim till the date of realization. It also directed the Insurance Company to pay a sum of Rs. 10,000 by way of compensation due to deficiency in service and Rs. 5,000 as costs of litigation.

(2.) There is no dispute that a Surveyor has assessed the loss, and on the basis of the loss assessed by the Surveyor the impugned order is passed.

(3.) However, the learned Counsel appearing on behalf of the Insurance Company vehemently submitted that the complainant has obtained cover note in question covering the risk with effect from 18th September, 1992 to 17th September, 1993 for the vehicle after the vehicle met with accident on 19th September, 1992. He, therefore, submitted that the order passed by the State Commission is not justified.