NEW INDIA ASSURANCE CO LTD Vs. ANIL KUMAR
LAWS(HPCDRC)-2009-10-7
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on October 07,2009

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
ANIL KUMAR Respondents

JUDGEMENT

- (1.) BOTH these appeals have arisen out of the order passed by District Forum, Shimla, in Consumer Complaint No. 563/2003 on 1.9.2007. As such they were heard together and are being disposed of by this common order.
(2.) APPEAL No. 529/2007 has been filed by New India Insurance Company, hereinafter referred to as OPs No.1 and 2, and Appeal No. 531/2007 has been filed by United India Insurance Company hereinafter to be referred as OPs No. 3 and 4. Appellants in both appeals have challenged the order of the District Forum below. Since the District Forum has allowed the complaint of Anil Kumar, (complainant) who is respondent in these appeals, the OPs were directed to indemnify him to the extent of Rs. 80,000/ -. Out of this amount, Rs. 56,000/ - has been held to be payable by OPs 1 and 2, and Rs. 24,000/ - by OPs 3 and 4, alongwith interest @ 9% per annum w.e.f. the date of filing of the complaint till payment. Litigation costs of Rs. 3500/ - has also been awarded in favour of the respondent.
(3.) FACTS of the case as they emerge from the complaint are, that respondent Anil Kumar who is running a General Merchants Shops in the name and style of M/s Anil General Store, at Jawalamukhi got the stock of his shop insured with the OPs for Rs. 1,00,000/ -. Insurance cover extended by the OPs 1 and 2 was to the tune of Rs. 70,000/ - and period of such insurance was w.e.f. 8.7.2002 to 7.7.2003, and was Rs. 30,000/ - by OPs 3 and 4, commencing from 8.11.2002 to 7.11.2003. Insurance was done through Central Bank of India, Branch Office, Jwalamukhi with whom the respondent was having cash credit limit to the extent of Rs. 50,000/ -. Further allegations made in the complaint were, that on 21.6.2003 at about 8:00 AM, a truck rammed into the shop of the respondent resulting in damage to the entire stock kept in the shop. Thereafter respondent Anil Kumar lodged FIR with the police and also filed claim with the OPs. OP -companies got the loss assessed. Surveyor assessed it at Rs. 29,816/ - in all. Out of this amount OPs 1 and 2 were held liable to pay Rs. 20,871/ - and the remaining amount of Rs. 8945/ - was held payable by OPs 3 and 4. As per averments made in the complaint, the respondent alleged that the compensation assessed by the surveyor was on lower side, as such complaint has been filed for enhancement. District Forum allowed the complaint as aforesaid. Now these appeals have been filed by both the insurance companies for reducing it.;


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