ORIENTAL INSURANCE COMPANY Vs. NIRMAL THAKUR
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ORIENTAL INSURANCE COMPANY
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ARUN KUMAR GOEL, J. -
(1.) SINCE both these appeals have arisen out of the order passed by District Forum, Shimla in Complaint No.253/2007, decided on 11.05.2009, as such were taken up for
hearing together and are being disposed of by this order.
(2.) ADMITTED facts giving rise to these appeals are that Mrs. Nirmal Thakur, (hereinafter referred to as complainant), had got her
vehicle Jeep Mahindra Scorpio (Maxi Cab), bearing registration No.HP -51 T
5450 insured with Oriental Insurance Company, (hereinafter to be referred as opposite party) in the sum of Rs.7,85,000/ -. Insurance was valid
between 07.06.2006 to 06.06.2007. Complaint file shows that the contract
carriage permit was issued by the Secretary, Regional Transport Authority
Himachal Pradesh, Shimla for plying this vehicle in favour of the
complainant vide annexure C -III. It was insured vide cover note annexure
(3.) THIS vehicle had gone to Manali, Amritsar and Pinjore with Tourists. On the intervening night of 07.07.2006 and 08.07.2006, this
vehicle was parked at Pinjore Garden at Haryana Tourism Hotel. It was
found missing from the Parking of this Hotel. First Information Report
No.131/2006 was lodged under Sections 406 and 420 of Indian Penal Code at
Police Station Pinjore. Annexure C -IV, First Information Report was
lodged by driver Shri Khayali Chand. Thereafter at the instance of the
complainant, another First Information Report was lodged at Police
Station Pinjore. Finally untraced report was given by the police. This
was accepted by Court of Chief Judicial Magistrate, Panchkula on
23.03.2007. Copy of order passed by the said Court is annexure C -VII. Claim was lodged with the opposite party, which was repudiated by it.
In the aforesaid background, complaint for deficiency of service was filed and the complainant prayed for being indemnified to the
extent of Rs.7,85,000/ - i.e. the sum for which the stolen vehicle was
insured, Rs.2,00,000/ - on account of business loss, Rs.50,000/ - for
mental harassment and Rs.5,000/ - towards litigation cost. Direction was
sought against the opposite party to indemnify the complainant.;
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