Decided on May 25,2010

CHAMAN LAL Respondents


- (1.) THESE appeals have arisen out of the order passed by District Forum, Solan in Consumer Complaint No. 75/2007, decided on 26.8.2009, as such have been heard together and are being disposed of by this order.
(2.) VEHICLE bearing registration No. HP -14A -5181 being insured with the Oriental Insurance Co. Ltd. , hereinafter to be referred to, as the "Opposite Party", (OP) and being owned by Sh. Chaman Lal, hereinafter to be referred to, as the "Complainant", is admitted between the parties. It is not again disputed by them that it was 2005 model vehicle and was insured on 24.1.2005 in the sum of Rs. 4,60,000/ -. Accident was there on 30.12.2005, i. e. within less than a year of its purchase. Accident had taken place at Bhabanagar, District Kinnaur, H. P. On receipt of intimation, preliminary survey was got done by the OP from Sh. Rajneesh Kr. Dhiman, his report is Annexure OP -2. Thereafter final survey was done at the instance of OP, by Sh. Mohinder K. Sharma, and his report is Annexure OP -3. In his final survey report of Sh. Sharma assessed the loss of Rs. 3,49,500/ - on the basis of "net of salvage, on total loss basis". Even this amount was not paid by the OP. To the contrary claim of the complaint was repudiated vide Annexure OP -1. Grounds for repudiation of claim were, over loading, coupled with negligence on the part of the driver and owner to leave vehicle without proper care.
(3.) IN the light of the aforesaid facts, Consumer Complaint No. 75/2007 was filed, alleging deficiency in service as well as unfair trade practice on the part of the OP. Repudiation of claim was justified on the ground that the vehicle was overloaded, and both owner as well as driver were negligent having left the vehicle. District Forum below after hearing the parties while allowing the complaint has directed the OP to pay Rs. 3,49,500/ - with interest @ 9% with effect from the date of filing of the complaint i. e. 20.7.2007, till full payment was made. OP was also burdened with cost of Rs. 3,000/ -. Amount was ordered to be paid within forty five days from the receipt of copy of this order. Appeal No. 354/2009 has been filed by the Insurance Company to uphold its stands regarding over loading and negligence on the part of the complainant while allowing the appeal and dismissing the complaint. Whereas Appeal No. 406/2009 has been filed by the complainant for enhancement of compensation.;

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