KANTA KAUSHAL, W/O SURINDER KUMAR KAUSHAL Vs. NATIONAL INSURANCE COMPANY LIMITED
LAWS(HPCDRC)-2010-9-7
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 21,2010

Kanta Kaushal, W/O Surinder Kumar Kaushal Appellant
VERSUS
NATIONAL INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

- (1.) APPELLANT has filed this appeal for enhancement of compensation. Vide order dated 17.4.2009, District Forum, Solan while allowing Consumer Complaint No. 71/2007 has ordered as under: - For the foregoing reasons and discussions, we allow this complaint and direct the OP -Company to indemnify the complainant to the extent of insured sum of Rs. 2,25,328/ - along with interest at the rate of 9% per annum with effect from the date of filing of the complaint, i.e. 19.7.2007, till making full payment of the aforesaid amounts. The litigation cost is quantified at Rs. 2,000/ - payable to the complainant. This order shall be complied with by the OP -Company within a period of forty five days after the date of receipt of copy of this order. The learned counsel for the contesting parties have undertaken to collect the certified copy of this order form the office, free of cost, as per rules, the file after due completion, be consigned to record room.
(2.) AGAINST the aforesaid order respondent insurance company has not preferred any appeal, thus on quantum of compensation awarded, it has attained finality intra parties. Only question that needs determination in this appeal is, whether the compensation is to be enhanced or not.
(3.) PARTICULARS of insurance and the vehicle being insured under a valid policy of insurance when it met with accident are not in dispute, as such those are not being noted and have been mentioned in detail in its order by the District Forum below. Mr. Parmar, learned counsel for the appellant drew our attention to the evidence on record particularly Annexures E,F and G, the photocopies of the bills issued by M/s Hind Motors (India), Chandigarh the authorized dealer of the Tata Motors passengers cars. As per Annexure E -1, the appellant had paid Rs. 5,000/ -. Annexure F is the bill of Rs. 49,681/ -,which is at pages 26 and 27 of the complaint file, and Annexure G is the retail invoice of Rs. 2,12,441/ -. Thus in all the appellant spent Rs. 2,62,122/ - on the repair of the vehicle. This claim is supported from his pleadings as well as affidavit which is at pages 48 ad 49 of the complaint file. In addition to this evidence affidavit has also placed on record of the authorized signatory of M/s Hind Motors India Ltd., Tata Motors passengers car dealer. This is at page 50 of the said file. He has established that the claim of the respondent regarding her having spent Rs. 2,62,122/ - on the repair of the vehicle.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.