Mahesh Chandra Sharma, J. - (1.) By filing instant writ petition the petitioners have prayed to quash and set-aside the order dated 30.4.2009 passed by learned Permanent Lok Adaulat, Dausa in Complaint No. 31/2008 and the Insurance Company be exonerated from the liability to pay compensation and interest.
(2.) Brief facts of the case are that the vehicle No. RJ-14-1G-8587 was owned by respondent No. I and it was registered in his name on 27.2.2003 and the aforesaid vehicle was insured as goods carrying commercial from 6.2.2007 to 5.2.2008. The said vehicle was damaged on 31.1.2008 at 8.30 PM in an accident. An F.I.R. to this effect was lodged by the respondent No. 1 at Police Station Manpur and the intimation of the same was also given to the petitioners.
(3.) Learned counsel appearing for the petitioner submits that the respondent No. 1 submitted the claim on 13.2.2008 with the estimate of Rs. 12,65,000/-. Surveyor was appointed and he submitted his report on 7.3.2008 and in the aforesaid survey report he assessed for a sum of Rs. 3,48,500/- after deducting the wreck value of Rs. 3,00,000/- and policy excess clause of Rs. 1,500/-. The respondent No. 1 agreed to accept the said amount of loss as assessed by the Surveyor and has given a written consent vide letter dated 27.2.2008. Thereafter, the petitioner after receipt of final report got the matter investigated and asked for certain information from the respondent No. 1 regarding over-loading of the goods in the said vehicle at the time of loss. The respondent No. 1, in-spite of complying with the requirement asked for by the learned Permanent Lok Adaulat at Dausa The complaint was filed with the prayer to direct the petitioner to pay a sum of Rs. 4,50,000/- after deducting the wreck value of Rs. 2,00,000/- and Rs. 3,000/- as toying charges and Rs. 15,650/- towards the Insurance Company. Apart from above a sum of Rs. 50,000/- was also claimed towards mental and physical agony. The respondent No. 2 vide order dated 30.4.2009 allowed the complaint and directed the petitioner to pay a sum of Rs. 6,50,000/- towards the loss to the vehicle Rs. 23000/- as toying charges Rs. 15,680/- towards insurance premium after accident with 9% interest on all three amounts from 15.8.2008. It was further directed to pay Rs. 2,000/- each under the head of cost of complaint and mental and physical agony with 9% interest from 25.9.2008. The respondent No. 2 has directed that the said amount with interest if not paid within one month then the rate of Interest will be 12% per annum from the receptive date i.e. 15.8.2008 and 25.9.2008.;