BHAGWAN PATI W/O BHAGWAN SINGH Vs. ORIENTAL INSURANCE COMPANY LTD AND ORS
LAWS(HPCDRC)-2009-4-7
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 16,2009

Bhagwan Pati W/O Bhagwan Singh Appellant
VERSUS
Oriental Insurance Company Ltd And Ors Respondents

JUDGEMENT

- (1.) APPELLANT is aggrieved from the order passed by District Forum Shimla in complaint No. 398/2003, decided on 27.08.2007. By means of impugned order while partly allowing the complaint, following order was passed: - "In view of the foregoing reasons we allow this complaint and direct the OPs -Company to indemnify the complainant to the extent of Rs. 3,48,500/ - along with interest at the rate of 9% per annum with effect from 01.09.2002, i. e. after three months of the date of accident, till actual payment is made. The litigation cost is quantified at Rs. 3500/ -. The aforesaid amount is payable to the OP No. 3 by the OPs -Company to be credited in the account of the complainant. With these directions, the complaint stands disposed of. The office shall make available a copy of this order to the parties free of cost, as per procedure. The file after due completion be consigned to record room. "
(2.) THE present appeal has been filed with a prayer to enhance the compensation by the appellant.
(3.) ADMITTED facts which gave cause of action to the appellant for filing the complaint are, that she was the registered owner of tipper bearing registration No. HP -26 -0348. It was insured in the sum of Rs. 8,00,000/ - during the period 13.08.2001 to 12.08.2002 under a valid policy of insurance with respondents No. 1 and 2. Within less then one year, but after six months of its purchase, it met with accident on 01.06.2002 at Chitkul about 24 kms from Sangla. It is admitted between the parties that this was a case of total loss. In this background appellant was claiming, that she is entitled to be indemnified in the sum of Rs. 8,00,000/ - with interest at the rate of 18% per annum, besides towing charges of Rs. 30,000/ - and a further sum of Rs. 52,000/ - on account of keeping a watchman (Chowkidar) retained for the safety and security of the salvage, alongwith Rs. 1,00,000/ - as damages, and for allowing litigation costs.;


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