ORIENTAL INSURANCE CO.LTD. Vs. BALBIR SINGH

JUDGEMENT

(1.) S .N. Kapoor, Presiding Member"The State Commission directed the appellant to pay Rs. 2,75,000/ - along with interest @ 10% p.a. after three months from the lodging of the claim till its realisation with cost of Rs. 5,000/ - as compensation to the complainant. The Appellant -Oriental Insurance Co. Ltd. felt aggrieved by the aforesaid order and filed the present appeal.

(2.) THE undisputed facts are that Truck No. HR -46/0782 was insured with the appellant w.e.f. 29 -5 -1996 to 28 -5 -1997. Sh. Ram Avdesh Yadav was a paid driver of the complainant. On 8/9 -5 -1997, the driver. '' Ram Avdesh Yadav had run away with the truck. On 10 -5 -1997, FIR under Section 382 was lodged against the driver. The police had given the untraced report of the truck on 2 -10 -1997. On 15 -12 -1997, the complainant lodged a claim with the Insurance Co. after 7 months and 7 days of the alleged incident. The claim was repudiated on 20 -11 -2002.

(3.) THE Insurance Co. appointed Mr. S.K. Bhatnagar as an investigator who allegedly did not proceed in the matter. Since Mr. S.K. Bhatnagar the surveyor did not submit his report, Sh. Harbans Lal was appointed as surveyor in his place. He also did not submit his report. Thereafter Mr. Suhag was appointed as investigator. The complainant -respondent alleged that Mr. Suhag demanded Rs. 50,000/ - from the complainant.