RAMA NAND THAKUR Vs. ORIENTAL INSURANCE COMPANY LTD.
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Rama Nand Thakur
ORIENTAL INSURANCE COMPANY LTD.
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ARUN KUMAR GOEL -
(1.) HEARD learned Counsel for the parties.
(2.) ADMITTED facts giving rise to this appeal are, that vehicle bearing registration No. HP -11 -3866 was insured under a valid policy of insurance on 27.7.2003 when it met with accident at Kingal near Rampur. As a result of this accident, damage was caused to this vehicle. FIR No. 51/2003 regarding accident was registered at Police Station, Kumarsain as per Annexure AC -I. It appears that when claim was lodged by the appellant vide Annexure AC -III, respondent -Insurance Company called upon him to provide an attested copy of the permit, as well as cash memos and repair bills. Needful was done and copies of the bills are there on record as Annexure AC -III starting from page 37 to page 55 on the complaint file. At page 35 details of the bills are given. Total amount spent as per this Annexure AC -III by the appellant on the repair of the vehicle in question worked out to Rs. 1,23,115.
(3.) RESPONDENT -Insurance Company offered a sum of Rs. 39,121, it is clear from Annexure R -2, that this receipt was executed by the appellant, "under protest." This Annexure could not be disputed on behalf of the respondent. Thereafter the amount was offered vide letter dated 24.2.2004 Annexure AC -V along with this, Discharge Voucher Annexure AC -VI, duly filled in was sent for return after its due execution by the appellant. He did the needful by registered letter which is at page 69 and is also marked as Annexure C -VI. Amongst other things he has mentioned in this letter, that he had already issued the receipt for Rs. 39,121. Later receipt Annexure AC -VI is signed by the appellant also, "under protest".
In the aforesaid background appellant sent a legal notice Annexure AC -VII by registered post to the respondent, but without any result, save and except that it was duly replied to on behalf of the latter.;
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