GIAN CHAND GUPTA Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) this appeal has been directed by the complainant against order dated 5.3.2007 passed by Consumer Disputes Redressal Forum-II, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which his complaint was dismissed being meritless.

(2.) Briefly stated the facts are that Sh. Gian Chand Gupta, appellant (complainant) was the owner of truck No. HP-64-5372 which was insured with the National Insurance Company vide insurance policy, whose copy is Annexure P-1 and was valid upto 27.1.2005. Unfortunately, the said truck met with an accident on 18.12.2004 as it collided with other truck bearing No. WB-03-1525 near Bud Bud Police Station in West Bengal regarding which FIR No.117/2004 dated 18.12.2004 was lodged. In the said accident, the driver of appellant's truck and two persons of other truck died and both the trucks were badly damaged. The appellant sent intimation to the Senior Branch Manager of National Insurance Company for spot survey on 22.12.2004. Accordingly, spot survey was conducted on 23.12.2004. The appellant submitted claim form, other documents and repair charges of damaged vehicle from Sikand and Company, Solan (HP) to the Insurance Company at Solan. The Surveyor was appointed who inspected the spot and documents were supplied to him as demanded by him. According to the report of Sikand and Company, Solan (dealer of TATA company) repair of the vehicle will cost more than Rs.6,68,612 and the taxes and other expenses of new cabin and body repair expenses were to the tune of Rs.85,000. Thus, the cost of repairs was more than Rs.8 lacs whereas the truck was insured for Rs.6,80,000. The appellant vide letter dated 27.1.2005 submitted that he had to spend Rs.400 per day on the day and night care of the vehicle and his claim be settled and possession of the damaged vehicle be taken but the Insurance Company did not bother.

(3.) Alleging deficiency in service, the complaint was filed.