LAWS(NCD)-2008-10-15

JOGINDER SINGH Vs. ORIENTAL INSURANCE COMPANY

Decided On October 23, 2008
JOGINDER SINGH Appellant
V/S
JOGINDER SINGH Respondents

JUDGEMENT

(1.) IN Revision Petition No. 681 of 2006, the Petitioner (Original Complainant) seeks to challenge the Order dated 21. 11. 2005 of the Punjab State Consumer Disputes Redressal Commission Chandigarh (hereafter, the State Commission) in First Appeal No. 1246 of 2005. By this order, the State Commission disposed of First Appeal No. 1259 of 2005 filed by the Respondents No. 1 and 2 in this Revision Petition as well as First Appeal No. 1246 of 2005 filed by the Complainant and affirmed the order dated 25. 08. 2005 passed by the District Consumer Disputes Redressal Commission, Moga (hereafter, the District Forum ). By that order, the District Forum allowed the complaint of the Complainants and directed the Respondents No. 1 and 2 (hereafter, the insurance company) to pay to the complainant a sum of Rs. 3,37,500/- along with interest @ 9% per annum from the date of repudiation of the complainants claim by the insurance company till actual payment and also costs of Rs. 1,000/ -.

(2.) IN the Appeal filed by the complainant before the State Commission, the complainant sought enhancement of the amount awarded by the District Forum to the assured value of the complainants vehicle, which was stolen during the period of validity of the insurance cover. On the other hand, in its Appeal the insurance company prayed for setting aside of the aforesaid order of the District Forum.

(3.) BEFORE this Commission also, both the parties have come up in revision, the Complainant praying for award of Rs. 5,00,000/- as compensation for the theft of the vehicle and interest at the rate of 18% per annum from the said amount. The insurance company, in turn, has prayed that the order of the State Commission be set aside.