MURARI LAL Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) -THIS appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as '1986 Act') against the order dated 21. 3. 2006 passed by the learned District Forum, Jhunjhunu in C. C. No. 426/2003 whereby the complaint of the complainant-appellant was partly allowed and the respondents-O. P. were directed to pay compensation to the complainant.

(2.) THE brief facts giving rise to this appeal are that the complainant-appellant got his Mini Truck bearing Registration No. RJ 18 G 1636 insured comprehensively for a sum of Rs. 4. 25 lacs for the period from 21. 9. 2002 to 20. 9. 2003. During the insured period, the said truck was proceeding on Navalgarh road dashed into a Jeep No. RJ 23 T 0206 coming from the opposite direction, and further in an effort to save the casualties, the insured truck dashed against a tree, thereby sustaining heavy damages. The complainant informed the concerned Police Station a well as the Insurance Company. The Insurance Company appointed Mr. Vijay Kumar Janu as Spot Surveyor and then Mr. Dwarika Prasad Gupta as final surveyor. The complainant then preferred an insurance claim of Rs. 2,35,046 with the O. P. Insurance Company. Under its letter dated 19. 8. 2003, the Insurance Company offered an amount of Rs. 29,770 against the insurance claim of the complainant. The complainant alleged that the Insurance Company had deliberately offered a meagre sum to him against his claim and accordingly filed a complaint in the Forum below claiming total damages amounting to Rs. 2,75,046.

(3.) THE O. P. Insurance Company filed a reply to the complaint stating that on the basis of report of the Surveyor, it had offered an amount of Rs. 29,770 to the complainant but he did not accept it and that the loss estimated by the complainant is exaggerated one.