NEW INDIA ASSURANCE COMPANY LIMITED Vs. KRISHAN KUMAR BHASIN
UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
NEW INDIA ASSURANCE COMPANY LIMITED
KRISHAN KUMAR BHASIN
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(1.) THIS is insurer s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 21.05.2008 passed by the District Forum, Haridwar in consumer complaint No. 49 of 2006, thereby allowing the consumer complaint and directing the appellant opposite party to pay insured sum of Rs. 1,50,000/ - to the respondent complainant together with interest @9% p.a. pendente lite and future and Rs. 2,000/ - towards litigation expenses.
(2.) BRIEFLY stated, the facts of the case as mentioned in the consumer complaint, are that the complainant was the owner of vehicle No. URM 8956 (truck) and the said vehicle was comprehensively insured with the appellant The New India Assurance Company Limited for the period from 13.04.2002 to 12.04.2003 at an IDV of Rs. 1,50,000/ -. On 05.10.2002, the insured vehicle had gone to Mathura, where the insured truck was stolen by some unknown persons and the driver and conductor of the truck were murdered and the dead body of the driver was found within the vicinity of P.S. Anoopshahar, District Bulandshahar and whereas the dead body of the conductor was found within the vicinity of P.S. Chatari. An FIR of the incident was lodged with P.S. Anoopshahar, District Bulandshahar. The dependents of the deceased driver and conductor of the truck had moved an application for compensation before the learned Commissioner for Workmen Compensation, Haridwar and in the said claim petition, the insurance company had paid the amount. The complainant has completed all the formalities, but his claim was not settled by the insurance company and the claim of the complainant was closed as No Claim . Alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Haridwar.
(3.) THE insurance company filed written statement before the District Forum and pleaded that the stolen truck has been recovered from the accused in Jyotibaphulenagar, Amroha and that the complainant has not submitted the Final Report and, as such, the claim could not be settled and was held as No Claim and that there is no deficiency in service on their part.
The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 21.05.2008 in the above terms. Aggrieved by the said order, the insurance company has filed this appeal.;
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