PREM PRAKASH AGARWAL Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Feeling aggrieved by the order allowing the appeal of the opposite party-Insurer by the State Commission by setting aside the order of the District Forum. The District Forum directed the opposite party, the Insurance Company to pay additional sum of Rs. 65,000 with interest @ 18% p.a. from the date of theft of the car till 16th March, 2001 with compensation of Rs. 2,000 and cost of Rs. 2,000 in addition to Rs. 1,40,000 which had already been paid.

(2.) Facts in brief are that a Maruti car No. UP-53F-6885 was insured with the respondent during the period 26.5.1999 to 25.5.2000 for a sum of Rs. 2,05,000. The vehicle was stolen away in the intervening night of 13-14.11.1999. After the theft, the Insurance Company got the matter investigated. Sh. Avinash Chandra, Surveyor recommended payment of Rs. 1,40,000 and accordingly the payment was made. The complainant had transferred the vehicle on 5.3.2001 in the name of the Insurance Company and executed a letter of subrogation. Thus, it is evident that payment was received on 16th March, 2001. Complaint was filed on 4th July, 2001. It is not explained at all as to in what circumstances no protest was made while receiving the amount of Rs. 1,40,000 and transferring the ownership rights and executing letter of subrogation though the complainant happened to be an Advocate.

(3.) The learned Counsel for the petitioner has relied upon a judgment in the case of United India Insurance Co. v. Ajmer Singh Cotton & General Mills & Ors., II (1999) CPJ 10 (SC)=VI (1999) SLT 590, the Hon'ble Supreme Court has made the following observations :