R.S.AWASTHI,MEMBER - (1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986, directed against the order passed by the District Consumer Disputes Redressal Forum, Bastar (hereinafter referred to as the District Forum for convenience) in Complaint No. 5/2004. The District Forum allowing the complaint and holding the appellant/O.P. deficient in service has directed the appellant/O.P. to pay Rs. 4,17,600 as compensation, Rs. 1,000 towards inconvenience and Rs. 500 as cost of complaint with interest at 9% from 12.2.2004.
(2.) THE complaint was filed with the District Forum Bastar, praying for award of compensation of Rs. 600,000 for loss of truck along with contents thereof. It is alleged that the complainant's truck No. 17 ZC 0717 was insured with the O.P., comprehensively covering all losses and damages. Said truck caught fire on 8.10.2002 and the truck as well as the goods loaded got burnt. The police was also informed of the incident. Intimation to the insurer/O.P. was also given and the claim lodged.
(3.) THE incident was got investigated by the O.P. and the surveyor has asessed the loss at Rs. 86,360. However, no amount was paid to the complainant. In the written version submitted by the O.P. it is stated that the claim was got investigated. The complainant has not submitted the loading challan of the truck. It is reported by the surveyor that said truck was carrying fire crackers along with coconuts at the time of the accident. The truck was carrying hazardous goods although carriage of hazardous goods was not covered by policy term. Moreover, the driver of the truck was not authorized to drive vehicle carrying hazardous goods. Thus at the time of accident the vehicle was being driven and used in violation of the terms of the policy.;