Decided on December 19,2006

Rishi Kesh Respondents


- (1.)THIS appeal has been received by transfer from Haryana State Consumer Disputes Redressal Commission against order dated 17.12.1999 passed by District Consumer Disputes Redressal Forum, Hisar (for short hereinafter to be referred as District Forum) in Complaint Case No. 926 of 1998 : Rishi Kesh v. United India Insurance Company Limited.
(2.)BRIEFLY the averments made in the complaint are that the complainant is the owner of Tata Truck bearing No. HR -39/4553 Model 1986, which was insured with the OP for the period from 7.6.1997 to 6.6.1998 and the premium of Rs. 14,440 was paid. On 30.12.1997 at about 6 a.m. as this truck was coming from Village Jamalpur, due to fog it struck against a kikar tree while trying to give side to another on -coming truck. The truck was thus damaged and D.D.R. No. 35 was registered with the Police Station City Hansi and a claim was lodged with the OP. M/s. P.D. Aggarwal Associates were deputed for spot survey and Shri I.B. Mehta for final survey. It has been alleged by the complainant that he has spent Rs. 2 lakh on the repair of the truck. However, the OP rejected the claim as No Claim and hence, this complaint praying for direction to be given to the OP for payment of Rs. 2 lakh i.e. amount of loss caused to the vehicle along with interest @ 18% per annum from the date of accident till payment.
(3.)THE version of the OP is that the claim has been rightly repudiated on 13.3.1998 as per the report of the surveyor. It has been further clarified that the damage to the engine is due to some mechanical breakdown and the other items such as front grill; chamber and radiator have been tampered with.
The learned District Forum in its analysis has observed that the OP has failed to prove that the damage caused to the truck was due to some mechanical breakdown. No substantive report of any authority or mechanical engineer has been produced. The learned District Forum further observed that it is not believable that anybody will damage his truck of his own and then file a claim. The learned District Forum has further noted that as per the survey report, the damage to the truck in question has been assessed as Rs. 31,437. The learned District Forum held that the repudiation of the claim is not genuine and the same is not tenable. It, therefore, directed the OP to make payment of Rs. 31,437 along with interest @ 18% per annum from the date of filing the complaint till realisation to the complainant. The OP was also directed to comply the above order within a period of one month.

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