NEW INDIA ASSURANCE CO LTD Vs. HARDEEP SINGH
LAWS(J&K)-2006-8-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 30,2006

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
HARDEEP SINGH Respondents

JUDGEMENT

- (1.) RESPONDENT -Hardeep Singh (complainant) is the owner of Bus No.JK02 -E -4285. He got his Bus insured with the New India Assurance Co. Ltd. Divisional Office, Gandhi Nagar, Jammu, (hereinafter for short called the Insurance Company) for sum of Rs.5.50.000/ - with effect from 17 -04 -1996 to 16 -04 -1997. The Bus met with an accident at Kalakot. District Rajouri on 06 -01 -1997 and the case to this effect was registered with Police Station, Kalakot. Thereafter respondent -Hardeep Singh put up his claim with the Insurance Company. The Surveyor assessed the damages. Petitioner -Insurance Company did not settle the claim of the respondent -Hardeep Singh on the plea that the Driving Licence of the Driver of the offending Bus was not valid.
(2.) HOWEVER , respondent -Hardeep Singh (complainant) filed a complaint before the learned Divisional Forum, Jammu, under section 10 of the Jammu & Kashmir Consumers Protection Act, 1987 (for short hereinafter called the Act). Therein the claimant prayed that he be paid Rs.40,000/ - as loss/damages occurred to him with interest @ 25% and compensation of Rs.8,000/ - for suffering, pains, mental agony and cost of litigation.
(3.) THE learned Divisional Forum Jammu, after recording the evidence awarded the claimant an amount of Rs.31020/ - as loss assessed by the Surveyor with interest @ 12% per annum with effect from 28 -04 -1997, i.e., two months from the date of the report of the Surveyor. The petitioner -Insurance Company was also directed to pay Rs. 1000/ - as costs of litigation to the complainant. Aggrieved of the aforesaid order, the Insurance Company filed an appeal bearing No.2061 of 2000 before the Jammu & Kashmir State Consumers Protection Commission, Jammu. The appeal was dismissed.;


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