ORIENTAL INSURANCE COMPANY LIMITED Vs. TOURIST TAXI SERVICE
LAWS(DELCDRC)-2006-2-3
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 20,2006

ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Tourist Taxi Service Respondents

JUDGEMENT

- (1.) ON account of the total loss by way of theft of the vehicle insured with the appellant, the District Forum has vide impugned order dated 16.11.2001 directed the appellant to pay Rs. 2,42, 746 against the insured value of Rs. 3,30,000 along with interest @ 9% and Rs. 15,000 as cost as well as damages.
(2.) THROUGH this appeal the impugned order has been mainly assailed on the ground that the District Forum has not taken into consideration the fact that the vehicle in question was of 1992 model and was being used as a Tourist Taxi and therefore the mileage was so high that its depreciated value was much higher than the normal passenger car in view of the enormity of wear and tear.
(3.) WE have taken a consistent view that the market value has to be assessed by the Surveyor in such like cases by taking the insured value less the depreciated value depending upon the other clauses and factors. Car was of 1992 model and was insured for a period of one year valid from 1.7.1993 to 30.6.1994 and the theft took place on 13.4.1994 i.e., almost after nine months. Keeping in view the fact that the vehicle was a tourist taxi we do not find any reason to interfere with the impugned order so far as the payment of Rs. 2,42,246 as the market value of the vehicle is concerned but set aside the interest as the District Forum was not competent to award interest in terms of Section 14 of the Consumer Protection Act once it had awarded Rs. 15,000 towards cost and damages. Even otherwise interest is awardable only in those cases where there is a term of such contract between the parties and there are equitable grounds.;


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