(1.) Both the appeals have been directed against one judgment, hence both the appeals are being disposed of by a common judgment. Against the judgment dated 25.8.1994 passed by District Forum, Kanpur Nagar in Complaint Case No.953/93 both the parties have filed appeals.
(2.) The facts of the case are: that Sri Madan Gopal Chopra purchased Mahendra Jeep Model 1992 in the year 1992 and got it insured for Rs. two lacs with Oriental Insurance Company from 15.10.1993 to 14.10.1994. The jeep was used for self- employment. While the jeep was going towards Orai on 18.6.1993, it met with an accident on Panki Bridge with truck No.3220 and the driver of jeep Sri Ganesh Prasad got hurt in the accident. He had a valid driving licence at the time of accident. A report was lodged in Panki Police Station and the claim was also lodged with Insurance Company on 23rd June, 1993. The Insurance Company appointed a Surveyor Sri A. K. Misra but he did not submit his survey report. Therefore, Sri V. K. Malhotra was appointed as Surveyor. He submitted his report. The complainant enquired into the matter from Insurance Company several times but no satisfactory reply was received by him. Hence, he filed complaint case before the District Forum and claimed the insured amount alongwith 24% per annum interest thereon alongwith Rs.2,000/- as cartage charges and Rs.1,500/- as fee charges of Advocates.
(3.) The opposite party Insurance Company filed its reply and has alleged that the jeep was insured with the Company. For damages Sri V. K. Malhotra, Surveyor was deputed who submitted his report on 23.8.1993 whereas Sri A. K. Misra, Surveyor submitted his report on 19.7.1993. It was further said from the side of Insurance Company that the case has yet not been finalised and the complaint is pre-mature. Hence, the Forum has no jurisdiction to try the claim. On 26.11.1993 the Insurance Company had written to the claimant for giving his consent to settle the claim finally for Rs.1,35,000/-.