NEW INDIA ASSURANCE CO LTD Vs. CHUHA RAM

JUDGEMENT

(1.) When this appeal was taken up today for hearing, appellant challenged the legality and correctness of the impugned order passed by the District Forum below, in C. C. No.174/2002 on 19.11.2003, wherein while allowing the complaint it was ordered as under: "7. Keepig in view our above observations, we hold that the opposite party has been deficient in rendering service to the complainant. We, therefore, order and direct the opposite party to pay to the complainant an amount of Rs.25,000 as insurance amount with interest at the rate of 9 per cent per annum from the date of filing the complaint till the final payment of amount. The opposite party is further directed to pay Rs 1,000 as compensation for harassment and mental agony and Rs.500 as cost of litigation to the complainant. Certified copy of this order, be supplied to the parties, free of cost. The file after its due completion, be consigned to record room. "

(2.) First submission urged was, that at the time of accident tractor was being plied for hire and reward, as well as 9 passengers were travelling in it. This was incomplete violation of the provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder and policy of insurance. As such on both these counts this appeal deserves to be allowed. Learned Counsel further submitted that the Forum below had fallen into error, in ignoring both these aspects while granting compensation. Thus, he prayed for setting aside the impugned order by allowing this appeal. We may mention in this behalf, that if on the materials on the record produced by the parties if these facts are established, appeal has to be allowed, otherwise consequence is obvious.

(3.) When hearing commenced Ms. Kaplas raised a preliminary objection regarding new pleas set out in the grounds of appeal from those pleaded before the Forum below. We will deal this objection at a later stage in this order.