TARUN MOHINDRU SON OF MANOHAR LAL MOHINDRU Vs. ORIENTAL INSURANCE COMPANY LIMITED
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Tarun Mohindru Son Of Manohar Lal Mohindru
ORIENTAL INSURANCE COMPANY LIMITED
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(1.) THIS appeal is directed against the order passed by District Forum, Mandi in Consumer Complaint No. 262/2008, dated 05.09.2009, whereby the complaint of the appellant was dismissed by holding that the appellant had failed to establish charge of deficiency against the respondent.
(2.) FACTUAL matrix giving rise to the complaint are that the appellant who is registered owner of HMT tractor No. HP -33A -7306 had got it insured with the respondent vide insurance policy Annexure C -2 from 21.10.2006 to 20.10.2007. The said tractor met with an accident on 24.05.2007 at a place known as Dhar near Banjar, District Kullu, where it was sent for work of contract by the appellant. Driver of tractor had died in the said accident. Thereafter FIR was lodged with the police. Further averments in the complaint are to the effect that tractor had been damaged and sustained loss to the tune of Rs. 50,625/ -.
(3.) THEREAFTER the claim was lodged with the respondent alongwith all requisite documents including estimate and it was also pleaded in the complaint by the appellant that he was told by the respondent that since it will take some time to process and settle the claim and as such the tractor be got repaired at his own and he was assured to settle and pay the claim afterwards. Thereafter he got the tractor repaired from M/s Palam Tractors and Spares, Nerchowk and an amount of Rs. 50,625/ - was spent upon the repair and thereafter original bills and documents were handed over to the respondent, but neither the claim was settled, nor the amount was paid and vide Annexure C -10 dated 11.12.2007 the claim of the appellant was repudiated on whimsical and arbitrary grounds.
It was also averred in the complaint that while the appellant had employed Shri Pawan Kumar deceased as driver in the tractor, then he had seen his licence and after accident his licence could not be traced out despite search by the appellant and as such it could not be produced to the respondent.;
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