NATIONAL INSURANCE COMPANY LTD Vs. KRISHNA RICE MILLS

JUDGEMENT

(1.) This revision petition impugns the order dated 7.11.1999 of the State Consumer Disputes Redressal Commission, Haryana (in short, 'the State Commission') in First Appeal No. 939 of 1999.

(2.) By this order, the State Commission directed the petitioner (hereafter, the Insurance Company) to pay a sum of Rs. 61,915 to the complainant (respondent herein) along with interest @ 10% per annum after three months from the date of lodging of the claim with the Insurance Company till its realization. This was order partially modified the order dated 12th April, 1999 of the District Forum, Kurukshetra.

(3.) The main facts of this case are that the respondent had insured, with the Insurance Company, a diesel generator set for Rs. 3 lakh during period 20.10.1995 -19.10.1996. The said generator was allegedly damaged completely on 15.8.1996. The Surveyor appointed by the Insurance Company, in this context inspected the generator set on 19.8.1996 and assessed the loss at Rs. 85,230 on repair basis, as against Rs. 1,56,340 on total loss basis. After applying other relevant factors and clauses, the net payable amount was assessed at Rs. 73,474. As against this, the Insurance Company settled the claim on 28.6.1997 at Rs. 66,170. The respondent (original complainant) thereafter, filed a complaint before the District Forum, Kurukshetra, claiming actual loss amounting to Rs. 3 lakh with interest @ 24% per annum from September 1996 till its realization as well as interest on Rs. 66,170 from September 1996 till 26.6.1997, in addition to compensation of Rs. 50,000 on account of harassment by the Insurance Company. By its impugned order, the State Commission awarded additional sums as already stated above.