GHULAM MUSTAFA WANI Vs. NATIONAL INSURANCE COMPANY
LAWS(J&K)-1999-7-24
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 12,1999

GHULAM MUSTAFA WANI Appellant
VERSUS
NATIONAL INSURANCE COMPANY Respondents

JUDGEMENT

Mr. Tejinder Singh Doabia, J. - (1.) THE dispute before the State Consumer Protection Commission was as to whether the appellant had spent a sum of Rs. 75,160/ - for getting his vehicle repaired or in fact he has spent lesser amount. THE Commission has come to the conclusion that the appellant -complainant spent Rs. 6,235/ - only on repairs. This amount has been allowed by way of compensation. Interest at the rate of 12% p.a. has also been allowed. THE claim of the appellant that he had in fact spent Rs. 75,160/ - stands negatived. This has been done after appreciating the evidence which had come on the record. For recording this finding it was observed that the person namely, Ghulam Rasool, who said to have supplied the spares worth Rs. 75,160/ - did not maintain any carbon copy of the voucher. He was unable to point out whether the spares said to have been supplied were used in the vehicle in question. No documentary proof was available with him vis -a -vis the supply. On the other hand there was evidence available on the record which indicated that the engine of the vehicle had not suffered any damage. For coming to this conclusion report of one Shamas -ud -din was relied upon. In addition to above, the fact that the bus had moved of its own from Nowgam to Achhabal, Anantnag and had covered a distance of 60 kms. was taken note of. It is observed that the bus could travel 60 kms. distance in the hilly terrain, then the plea that the engine was damaged was a plea which was not correct. THE fact that the appellant -complainant was asked to get the vehicle inspected from the Surveyor and there was failure on his part to do so was also taken note of.
(2.) WE are of the opinion that the findings recorded by the Commission which findings have been recorded after taking note of oral and documentary evidence, which had come on the record, are the findings to which no exception can be taken. This appeal as such, is found to be without any merit and is dismissed. Appeal dismissed.;


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