NEW INDIA ASSURANCE COMPANY Vs. CHAMKAUR SINGH
LAWS(PUNCDRC)-2010-9-6
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 14,2010

NEW INDIA ASSURANCE COMPANY Appellant
VERSUS
CHAMKAUR SINGH Respondents

JUDGEMENT

- (1.) APPELLANT New India Assurance Company has filed this appeal against the impugned order dated 2.5.2005 passed by the District Consumer Disputes Redressal Forum, Fatehgarh Sahib(in short, 'the District Forum').
(2.) FACTS in brief are that the respondent/complainant (herein after called 'the complainant') filed the complaint stating that he is owner of the truckbearing registration No. HR -37 -A -1211, which was insured with appellant/opposite parties (herein after called 'the opposite parties') on 22.7.2003 for the period 22.7.2003 to 21.7.2004 and the requisite premium was paid.
(3.) THE said truck met with an accident on 18.1.2004 near Indore (M.P.) with a Bus and the persons sitting in the Bus suffered injuries and one died lateron and the truck was also badly damaged. Complainant gave intimation to opposite party No. 1 (in short, 'O.P. No. 1') regarding the accident and O.P. No. 1 got conducted the inspection of the damaged truck in question from the Surveyor regarding the Joss suffered but the assessment was not done as per rules and assessed the loss at a very low level. Complainant completed all the formalities for claiming compensation and submitted all the documents in the office of O.P. No. 1 but O.P. No. 1 did not bothered to pay the compensation and complainant issued a legal notice through his Advocate on 12.7.2004 but no payment was made by O.P. No. 1 to the complainant. Complainant went to the office of O.P.No. 1 and came to know that the opposite party No. 2 did not deposit the amount of Rs. 13,924 with O.P. No. 1 on 22.7.2003 and the action is being taken against O.P. No. 2 by O.P. No. 1. Complainant cannot be penalized due to the negligence of O.P. No. 2, who was employee of O.P. No. 1 and the complainant is entitled to the compensation to the tune of Rs. 1,50,000 along with interest.;


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