BHARAT DIESELS Vs. PRATAP SINGH AND ANOTHER

JUDGEMENT

(1.) M /s. Bharat Diesels -petitioner herein, who was the Opposite Party before the District Consumer Disputes Redressal Forum, Haridwar (herein referred to as 'the District Forum' for short) has filed the present Revision Petition.

(2.) BRIEFLY stated, the facts of the case are: -

(3.) COMPLAINANTS - Pratap Singh and Sukhveer Singh -respondent nos. 1 and 2 herein, purchased a Mahendra Tractor bearing registration no. UP -10C -1578 on 18.11.1997 for Rs. 2,43,000/ - from the petitioner. The tractor was duly insured by the complainants with Oriental Insurance Company Limited (which was Complainant no. 3 before the District Forum) for a sum of Rs. 2,40,000/ -. Complainants took the tractor for servicing to the petitioner premises on 01.06.1999. According to the complainants/respondents, tractor was stolen whereas according to the petitioner, tractor had been taken away by a person who had come with the complainant after the service was over. Complainants lodged their claim with the Oriental Insurance Company Limited who appointed a Surveyor. The Surveyor assessed the loss at Rs. 1,90,000/ - against the total insured value of Rs. 2,40,000/ - Complainants issued a letter of subrogation in favour of the Oriental Insurance Company Limited to the following effect: -