NEW INDIA ASSURANCE COMPANY LIMITED Vs. A KUMAR & COMPANY

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act ) against judgment and order dated 4.3.1993 passed by District Consumer Forum, Lucknow in Complaint Case No. 381 of 1991.

(2.) INITIALLY complaint was filed with the allegation that the Tanker No. UTW 6224 belonging to the complainant was carrying 10000 lit. of kerosene oil and near Unnao by -pass the vehicle in question met with an accident due to which the tanker was damaged and 3875 lit. of kerosene oil was lot. FIR was lodged on 1.6.1989. Since the vehicle was insured with the appellant under Carrier Legal Liability Insurance, the cost of damage amounting to Rs. 18,799/ - was paid to the complainant. Since the claim towards loss of oil was not paid, hence the complaint has been filed.

(3.) THE opposite party filed written statement and stated that the company is not liable to make any payment towards consequential loss.