NATIONAL INSURANCE COMPANY LTD Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED
LAWS(NCD)-2020-2-106
NCDRC
Decided on February 25,2020

NATIONAL INSURANCE COMPANY LTD Appellant
VERSUS
HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED Respondents

JUDGEMENT

Prem Narain,J. - (1.) This appeal has been filed by the appellant National Insurance Company Ltd. against the order dated 09.08.2016 of the State Consumer Disputes Redressal Commission, Himachal Pradesh, (in short 'the State Commission') passed in Complaint No.06/2016.
(2.) Brief facts of the case are that complainant is Deputy Chief Engineer of Himachal Pradesh State Electricity Board (HPSEB). Transformer of HPSEB went out of order, therefore was sent for repair at their workshop. Transportation of the transformer was entrusted to OP2 and had to be transported on tractor trailer driven by driver of respondent No.2. On 23.9.2013 the said transformer was insured for transit risks by road with the appellant to the tune of Rs.75 lakh and charges for said insurance were paid. On 24.9.2013 the tractor trailer tilted and due to said tilting of the tractor, the transformer got massive damage. Complainant informed about the same to the appellant and supplied all the necessary documents, but the appellant kept refusing the claim for one or other reason. Complainant also approached respondent No.2 as due to massive damage transformer could not be repaired but respondent No.2 denied his responsibility and requested to take the matter with the appellant. Complainant approached the appellant several times but finally on 11.2.2016 appellant refused the claim as it was not maintainable. The complainant filed a consumer complaint and prayed to direct OPs to pay insurance claim of Rs.75 lakh with interest @ of 9% p.a., Rs.1 lakh for compensation and Rs.50,000/- towards cost. The complaint was resisted by the appellant by filing the written statement. The appellant in its reply stated that intimation of alleged damage to the transformer was not given immediately and also the transformer was not properly secured in the body of the trailer as the chain used to tie it remained loose. State Commission partly allowed the complaint and directed the appellant to pay Rs.12,04,250 with interest at the rate of 9% p.a., Rs.50,000/- for compensation and Rs.10,000/- towards cost.
(3.) Hence, appeal has been filed by OP1/appellant herein.;


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