- (1.) THESE two connected appeals arise out of order dated 28.3.2003 passed by the District Forum, Almora whereby the complainant was allowed a compensation of Rs. 5,00,000.
(2.) THE Insurance Company has filed Appeal No. 301/2003, New India Assurance Co. Ltd. v. Sh. Subodh Lal Shah, for setting aside the order of compensation while the complainant has filed Appeal No. 460/2003, Sh. Subodh Lal Shah v. New India Assurance Co. Ltd., for cost of litigation as well as interest @ 18%. Since in both the appeals common question of law and facts are involved, therefore, both the appeals are taken together for disposal.
(3.) ADMITTEDLY the complainant Sh. Subodh Lal Shah had a truck, which was insured for Rs. 5,50,000. On 26.2.2001 it met with an accident and it fell in a Khud. The driver of the truck suffered severe injuries. The complainant lodged the claim with the Insurance Company but he was not given any compensation. The complainant gave a notice on 7.6.2001 and filed the complaint. In the complaint, the Insurance Company filed written statement. It admitted the insurance and accident. It was further pleaded that on survey the price of the truck was found as Rs. 3,23,500. Since this was a case of total loss, the price of the salvage was assessed for Rs. 1,50,000. After deducting the price of the salvage, the Insurance Company was ready to settle the claim at Rs. 1,73,500. The amount was offered to the complainant but he was not satisfied with it.;