ORIENTAL INSURANCE COMPANY Vs. NIRMAL THAKUR
LAWS(HPCDRC)-2010-4-6
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 20,2010

ORIENTAL INSURANCE COMPANY Appellant
VERSUS
NIRMAL THAKUR Respondents

JUDGEMENT

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 C -II.
(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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